- 1 - NC: 2025:KHC:13072 CRL.P No. 3231 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. 3231 OF 2025 BETWEEN: SRI SHIVABUDDHI H.C @ NIKHIL KUMAR S/O CHALUVAIAH AGED ABOUT 29 YEARS R/AT.HOOVINAKOLA VILLAGE KOTTEGAL POST, KASABAHOBLI SARGUR TALUK, MYSURU DISTRICT - 571 121, PRESENTLY R/AT NO.58, NEAR SRIRAMPURA CHECK-POST, MYSURU - 570 008. …PETITIONER (BY SRI GAURAV SUBRAMANYAM, ADV.) AND: 1. STATE OF KARNATAKA BY NARASIMHARAJA P.S, MYSURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP; R-2 IS SERVED) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.10/2025 OF RESPONDENT NARASIMHARAJA POLICE STATION, MYSORE FOR THE OFFENCES P/U/S 137(2), 63(a), 64(1) OF BNS AND U/S 5, 6 OF POCSO ACT, PENDING ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-I) COURT AT MYSORE. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13072 CRL.P No. 3231 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.10/2025 registered by Narasimharaja Police Station, Mysuru City for the offences punishable under Sections 137(2), 63(a), 64(1) of BNS, 2023 and Sections 5 & 6 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. FIR in No.10/2025 was registered by Narasimharaja Police Station, Mysuru City against the petitioner herein for the aforesaid offences, on the basis of first information dated 24.01.2025 received from respondent No.2 herein. During the course of - 3 - NC: 2025:KHC:13072 CRL.P No. 3231 of 2025 investigation, the petitioner was arrested and produced before the jurisdictional Court on 25.01.2025 and remanded to judicial custody. 5. The bail application filed by the petitioner before the Sessions Court in Crime.No.10/2025 was dismissed on 20.02.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 7. Per contra, learned HCGP for respondent No.1 has opposed the petition. 8. FIR in the present case was registered against the petitioner for the aforesaid offences based on the first information submitted by respondent No.2, who is the jurisdictional CDPO and during the course of investigation the petitioner herein was arrested on 25.01.2025 and subsequently remanded to judicial custody. The statement of the victim girl under Section 183 of BNS, 2023 was - 4 - NC: 2025:KHC:13072 CRL.P No. 3231 of 2025 recorded by the jurisdictional Magistrate on 30.01.2025, wherein the victim girl has stated that she is aged about 17 years and she got acquainted with the petitioner while traveling in bus to her college. She has stated that the petitioner had introduced himself as a police and she used to speak to him over phone and they had together traveled to Chamundi Hill and after having darshan of the deity had returned home. She has not made any allegation against the petitioner which would prima-facie attract the charge sheeted offences against him. 9. Learned counsel for the petitioner has submitted that the petitioner is working as a home guard and he has no criminal antecedents. Investigation of the case is complete and charge sheet has been filed. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following: - 5 - NC: 2025:KHC:13072 CRL.P No. 3231 of 2025 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.10/2025 registered by Narasimharaja Police Station, Mysuru City for the offences punishable under Sections 137(2), 63(a), 64(1) of BNS, 2023 and Sections 5 & 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The 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; 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 - 6 - NC: 2025:KHC:13072 CRL.P No. 3231 of 2025 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS