- 1 - NC: 2025:KHC:15025 CRL.P No. 3843 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3843 OF 2025 BETWEEN: SRI. KRISHNA. G. H., S/O LATE HANUMANTHAPPA, AGED ABOUT 41 YEARS, R/AT 363/A, 2ND MAHDI, BUILDING NO.67, K.H.B. COLON, KENGERI UPANAGARA, BENGALURU - 560 060. …PETITIONER (BY SRI. MANJUNATHA A C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION, CHIKKABALAPURA, CHIKKABALAPURA DISTRICT - 562 101. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SMT.PUSHPALATHA B., ADDITONAL SPP FOR R-1; R-2 SERVICE HELD SUFFICIENT VIDE ORDER DATED 08.04.2025.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SPL. S.C. NO. 7/2025 (CRIME NO.130/2024), OF RESPONDENT Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15025 CRL.P No. 3843 of 2025 CHIKKABALLAPURA WOMEN POLICE STATION, CHIKKABALLAPURA DISTRICT, REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 64(2)(m), 65(1), 127(2), 137(2), 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTION 4(2), 5(L), 6,8,12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, NOW PENDING ON THE FILE OF THE LEARNED FAST TRACK SPECIAL COURT I, [POCSO] AND COURT OF HONBLE ADDITIONAL SESSIONS JUDGE AT, CHIKKABALLAPURA, VIDE ANNEXURE - D. 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 No.4 in Spl.S.C.No.7/2025 pending before the Court Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.130/2024 registered Chikkaballapura Police Station, Chikkaballapura, for offences punishable under Sections 64(2)(m), 65(1), 127(2), 137(2) read with Section of BNS, 2023 and Sections 4(2), 5(l), 6, 8, and 12 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail. - 3 - NC: 2025:KHC:15025 CRL.P No. 3843 of 2025 2. Heard the learned Counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No. 130/2024 was registered by Chikkaballapura Police Station, Chikkaballapura, initially for offences punishable under Section 137(2) of BNS, 2023 against unknown persons, based on the first information dated 25.10.2024, received from respondent No.2, who is the maternal uncle of the victim girl. 4. During the course of investigation of the case, petitioner herein was arrested on 18.11.2024 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.4 in the charge sheet. Bail application filed by the petitioner before the trial Court in Spl.S.C.No.7/2025 was rejected on 25th February, 2025. Therefore, petitioner is before this Court. - 4 - NC: 2025:KHC:15025 CRL.P No. 3843 of 2025 5. Perusal of the material on record would go to show that FIR was initially registered against unknown persons, after the victim girl was found missing from her house on 15.10.2024. 6. During the course of investigation of the case, victim girl was traced. Statement of victim girl under Section 183 of BNSS, 2023 was recorded by the Jurisdictional Magistrate on 08.11.2024. She has made allegations against accused No.2 that he had taken her to Thirupathi and in a lodge he had sexual intercourse with her. Thereafter, accused No.2 had gone to Hyderabad and she had returned to Bengaluru. On the same day, she had met the petitioner in the bus stand at Chikkaballapura and he allegedly had taken her to his house. She has specifically stated that the petitioner had not committed any sexual assault on her in his house. Petitioner aged about 41 years having no criminal antecedents is in custody from 18.11.2024. Investigation of the case is already completed and charge sheet has been filed. Considering the nature of allegations made against the - 5 - NC: 2025:KHC:15025 CRL.P No. 3843 of 2025 petitioner by the victim girl in her statement recorded under Section 183 of BNSS, 2023, 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 Spl.S.C.No.7/2025 pending before the Court Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.130/2024 registered Chikkaballapura Police Station, Chikkaballapura, for offences punishable under Sections 64(2)(m), 65(1), 127(2), 137(2) read with Section of BNS, 2023 and Sections 4(2), 5(l), 6, 8, and 12 of POCSO Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One - 6 - NC: 2025:KHC:15025 CRL.P No. 3843 of 2025 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 KVR List No.: 1 Sl No.: 70