- 1 - NC: 2025:KHC:11753 CRL.P No. 3055 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3055 OF 2025 BETWEEN: 1. PRAJWAL C.B S/O BASAVARAJU AGED ABOUT 20 YEARS DRIVER, R/AT. CHANANAKERE VILLAGE, ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT KARNATAKA - 571 415. 2. SHIVAMURTHY D.C @ SHIVU, S/O LATE SHIVANNA AGED ABOUT 32 YEARS DRIVER, R/AT. DADAMAHALLI VILLAGE, HALAGURU HOBLI MALAVALLI TALUK, MANDYA DISTRICT, KARNATAKA - 571 421. 3. ANUP GOWDA I.C S/O CHIKKALINGAIAH AGED ABOUT 27 YEARS DRIVER, R/AT. YELIYUR VILLAGE KOTHATHI HOBLI, MANDYA TALUK AND DISTRICT KARNATAKA - 571 402. …PETITIONERS (BY SRI K.R. NAGARAJA, ADV.) AND: 1. STATE BY PANADAVAPURA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11753 CRL.P No. 3055 of 2025 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 DIRECT TO RELEASE THE PETITIONERS ON BAIL IN CR.NO.22/2025 OF PANDAVAPURA POLICE STATION U/S 78(2), 64(1), 2(m), 87, 3(5) OF BNS, 2023 AND U/S 4, 6, 8, 12 AND 17 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCS ACT, 2012 AND ON THE FILE OF THE COURT OF THE ADDL. SESSIONS JUDGE, FTSC-II, MANDYA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.2 to 4 in Crime No.22/2025 registered by Pandavapura Police Station, Mandya District, for the offences punishable under Section 78(2), 64(1), 2(m), 87, 3(5) of BNS, 2023, and Sections 4, 6, 8, 12 & 17 of the POCSO Act, 2012, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the petitioners and the learned HCGP for respondent no.1. Respondent no.2 though served in the matter, has remained unrepresented before this Court. - 3 - NC: 2025:KHC:11753 CRL.P No. 3055 of 2025 3. FIR in Crime No.22/2025 was registered by Pandvapura Police Station, Mandya District, initially for the offence punishable under Section 137(2) of BNS, 2023, against accused no.1 - Sunil based on the first information dated 28.01.2025 submitted by Nagesha who is the father of the victim girl. During the course of investigation, petitioners herein were arrested on 04.02.2025 and remanded to judicial custody. Their bail application filed before the jurisdictional Sessions Court in Crime No.22/2025 was rejected by the Trial Court. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that petitioners do not have any criminal antecedents. The only allegation against them is that they had abetted accused no.1 to commit the crime. Accused no.1 is already in custody. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the material on record would go to show that the allegation of committing penetrative sexual assault on the victim girl is only as against accused no.1 - Sunil. Petitioners are said to be the friends of accused no.1. Sunil is said to be a - 4 - NC: 2025:KHC:11753 CRL.P No. 3055 of 2025 married man. It is alleged that petitioners had suppressed with the victim girl that Sunil was a married man and they had instigated her to have relationship with accused no.1. It is also alleged that petitioners had abetted accused no.1 to commit the crime. Except the aforesaid allegations, there are no other allegations found against the petitioners who do not have any other criminal antecedents. They are in custody from 04.02.2025 onwards. Accused no.1 is already in custody. Under the circumstances, I am of the opinion that petitioners' prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.22/2025 registered by Pandavapura Police Station, Mandya District, for the offences punishable under Section 78(2), 64(1), 2(m), 87, 3(5) of BNS, 2023, and Sections 4, 6, 8, 12 & 17 of the POCSO Act, 2012, subject to the following conditions: a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:11753 CRL.P No. 3055 of 2025 b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK