- 1 - NC: 2025:KHC:16208 CRL.P No. 3913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3913 OF 2025 BETWEEN: SRI HARISH S., AGED ABOUT 27 YEARS, S/O LATE SANJEEV RAJ, PRESENTLY R/AT: NO.315, 1ST MAIN, 1ST CROSS, RAMAGONDANAHALLI VILLAGE, WHITE FIELD, BENGALURU, BENGALURU RURAL DISTRICT - 560 066. …PETITIONER (BY SRI RAGHAVENDRA A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION BENGALURU DISTRICT. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, ENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP; SRI BHARATH B., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED U/S 483 BNSS, 2023) PRAYING TO ENLARGE / RELEASE THE PETITIONER ON BAIL IN CRIME NO.616/2024 (SPL.C.C.NO.23/2025) OF RESPONDENT MARATHAHALLI POLICE STATION, BENGALURU RURAL, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 351(3), 64(2)(M) OF B.N.S. AND SECTION 6 OF POCSO ACT, 2012, PENDING ON THE FILE OF THE LEARNED ADDITIONAL CITY CIVIL AND Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:16208 CRL.P No. 3913 of 2025 SESSIONS JUDGE, FAST TRACK SESSIONS COURT-V, BENGALURU CITY, BENGALURU. 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 Spl.C.No.23/2025 is pending before the Court of the Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.616/2024 registered by Marathahalli Police Station, Bengaluru for offences punishable under Sections 351(3) and 64(2)(m) of Bharatiya Nyaya Sanhita Act, 2023 (for short 'BNS Act') and Section 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS Act, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in crime No.616/2024 was registered by Marathahalli Police Station, Bengaluru for the aforesaid offences against the petitioner herein, based on the first - 3 - NC: 2025:KHC:16208 CRL.P No. 3913 of 2025 information dated 08.11.2024 received from respondent No.2, who is the mother of the victim girl aged about 17 years and 9 months. 4. During the course of investigation of the case, petitioner was arrested on 08.11.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.1243/2025 was dismissed on 24.02.2025. Therefore, petitioner is before this Court. 5. Learned counsel for the petitioner has produced the deposition of the first informant as well as the victim girl who have been examined before the Trial Court as PWs.2 and 3. 6. Perusal of the deposition of the first informant and the victim girl would go to show that the said witnesses have not supported the case of the prosecution. - 4 - NC: 2025:KHC:16208 CRL.P No. 3913 of 2025 The Public Prosecutor with the permission of the Trial Court has cross examined the aforesaid witnesses namely, PWs.2 and 3, but nothing material has been elicited from their mouth, which is incriminating as against the petitioner. The petitioner who has no other criminal antecedents is in custody from 08.11.2024. Considering the aforesaid aspects of the matter, I am of the opinion that the petitioner's prayer 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 Spl.C.No.23/2025 is pending before the Court of the Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.616/2024 registered by Marathahalli Police Station, Bengaluru for offences punishable under Sections 351(3) and 64(2)(m) of the BNS Act and Section 6 of the POCSO Act, subject to the following conditions: - 5 - NC: 2025:KHC:16208 CRL.P No. 3913 of 2025 a) The petitioner shall execute 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 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 CPN CT: BHK