- 1 - NC: 2025:KHC:13090 CRL.P No. 2968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2968 OF 2025 BETWEEN: SRI SHIVU S/O NAGARAJU AGED ABOUT 28 YEARS R/AT NO.1037, 5THC ROSS SRINAGAR, RAMANAJANEYA ROAD BENGALURU - 560 026. …PETITIONER (BY SRI ABHISHEK HUDDAR, ADV.) AND: 1. THE STATE OF KARNATAKA BY CHAMARAJAPET POLICE STATION REPRESENTED BY SPP OFFICE HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CR.NO.72/2024 NOW REGISTERED AS SPL.C.C.NO.1020/2024 REGISTERED AT CHAMARAJAPET P.S. FOR OFFENCE P/U/S 354-D AND 506 OF IPC AND SEC.12 OF THE POCSO ACT 2012 PENDING BEFORE THE FTSC-1 ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13090 CRL.P No. 2968 of 2025 ORAL ORDER Accused in Spl.C.C.No.1020/2024 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-1, Bengaluru, arising out of Crime No.72/2024 registered by Chamarajpet Police Station, Bengaluru City for the offences punishable under Sections 354(D) & 506 of IPC & Section 12 of the Protection of Children from Sexual Offences Act, 2012, is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. Learned counsel for the petitioner submits that on the merits of the case the petitioner was earlier granted regular bail by the jurisdictional Sessions Court. For the reason that he had violated the bail conditions and threatened the charge sheet witnesses his bail was cancelled vide order dated 31.01.2025 passed by the Trial - 3 - NC: 2025:KHC:13090 CRL.P No. 2968 of 2025 Court in Spl.C.C.No.1020/2024. He submits that PWs.1 and 2 are examined before the Trial Court and they have not made any allegation about the petitioner threatening them at any point of time. 5. Per contra, learned HCGP for respondent No.1 who has opposed the petition however, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that, petitioner was granted regular bail by the jurisdictional Sessions Court in Crl.Misc.No.7050/2024 dated 09.08.2024. It appears that subsequently, the prosecution had moved an application under Section 439(2) of Cr.P.C, seeking cancellation of bail and the Trial Court vide order dated 31.01.2025 has cancelled the regular bail granted to the petitioner in Spl.C.C.No.1020/2024. Learned counsel for the petitioner submits that subsequent to cancellation of his bail he has - 4 - NC: 2025:KHC:13090 CRL.P No. 2968 of 2025 surrendered before the Trial Court and he is now in custody. 7. Perusal of the material on record would go to show that, the victim girl and her mother have been examined as PWs.1 and 2 before the Trial Court and they have not made any allegation about the petitioner threatening them at any point of time. Even otherwise on the merits of the case the petitioner has been granted regular bail and material charge sheet witnesses have been already examined before the Trial Court. Further, though it is stated that the victim girl and her mother had approached the police alleging that the petitioner had threatened them after he was enlarged on bail no separate criminal case was registered against the petitioner in this regard. 8. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. - 5 - NC: 2025:KHC:13090 CRL.P No. 2968 of 2025 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.1020/2024 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-1, Bengaluru, arising out of Crime No.72/2024 registered by Chamarajpet Police Station, Bengaluru City for the offences punishable under Sections 354(D) & 506 of IPC & Section 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - NC: 2025:KHC:13090 CRL.P No. 2968 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS