- 1 - NC: 2025:KHC:14387 CRL.P No. 3404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3404 OF 2025 BETWEEN: SRI. ANANDA D.V., S/O VENKATESHAPPA, AGED ABOUT 24 YEARS, R/AT DARABURU VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT - 562 104. …PETITIONER (BY SRI. ANJANEYA .A.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, PERESANDRA POLICE STATION, CHIKKABALLAPURA DISTRICT - 562 101. REP BY SPP HIGH COURT. 2. XXX. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 V/O DATED: 28/3/25 NOTICE TO R2 H/S) THIS CRL.P FILED U/S 438 CR.PC (482 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.157/2024 AND Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:14387 CRL.P No. 3404 of 2025 REGISTERED IN SP.SC.NO.177/2024 FOR THE OFFENCE P/U/S. 376(2)(I)(N) OF IPC AND OFFENCE U/S. 5(1), 5(J)(II), 5(L), OFFENCE P/U/S 6 AND SECTION 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 PENDING ON THE FILE OF THE TRACK SPECIAL COURT-I (POCSO) COURT OF HONBLE ADDL. SESSIONS JUDGE AT CHIKKABALLAPURA. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.S.C.No177/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.157/2024 registered by Peresandra Police Station, Chikkaballapura, for offences punishable under Section 376(2)(i)(n) of the Indian Penal Code (for short, 'IPC') and Sections 5(J)(ii), 5(L), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 - 3 - NC: 2025:KHC:14387 CRL.P No. 3404 of 2025 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.157/2024 was registered by Peresandra Police Station, Chikkaballapura for the aforesaid offences against the petitioner and another on the basis of the first information dated 20.09.2024 received from the victim girl, daughter of respondent No.2. 4. During the course of investigation of the case, petitioner was arrested on 21.09.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against three persons. The petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner in Spl.S.C.No177/2024 before the Jurisdictional Sessions Court which was rejected on 23.01.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that accused Nos. 2 and 3 have been granted regular bail by the Trial Court. Allegation against accused Nos. 1 to 3 are almost similar. Till date, DNA test report has not been obtained. - 4 - NC: 2025:KHC:14387 CRL.P No. 3404 of 2025 Considering the nature of allegations made against three persons by the victim girl, the allegations becomes doubtful. Petitioner aged about 24 years having no criminal antecedents. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that victim girl has made allegation against the petitioner in her first information as well as in the statement recorded under Section 164 of Cr.PC. Therefore, petitioner's prayer is liable to be rejected. Accordingly, prays to dismiss the petition. 7. Perusal of the material on record would go to show that in the first information that was submitted by the victim girl on 20.09.2024, she has made allegations against accused No.1 about having sexual intercourse with her with a promise to marry her and she has stated that, as a result, she had conceived. In her statement recorded under Section 161 of Cr.PC, she has made allegation as against accused No.3- Akshay.P.M about he having sexual intercourse with her and therefore, Akshay.P.M is arrayed as accused No.3 in the charge sheet. Allegation against accused No.2 is that he had asked the victim girl to co-operate with accused No.1 and at his instance, - 5 - NC: 2025:KHC:14387 CRL.P No. 3404 of 2025 victim girl had gone along with accused No.1 and had thereafter, committed sexual assault on her. Accused Nos.2 and 3 have been granted regular bail by the Trial Court. Petitioner who has no other criminal antecedents is in custody from 21.09.2024. Investigation of the case is completed and the charge sheet is filed. Till date, prosecution has not secured DNA test report. The trial in the case is also not yet commenced. Prosecution in all has cited 29 charge sheet witnesses. 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. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.157/2024 registered by Peresandra Police Station, Chikkaballapura, for offences punishable under Section 376(2)(i)(n) of IPC and Sections 5(J)(ii), 5(L), 6 and 17 of POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 6 - NC: 2025:KHC:14387 CRL.P No. 3404 of 2025 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) 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 SPV List No.: 1 Sl No.: 51