- 1 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 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. 3852 OF 2025 C/W CRIMINAL PETITION NO. 3857 OF 2025 IN CRL. P.No.3852/2025: BETWEEN: MOHAN S/O LATE NAGARAJU AGED ABOUT 23 YEARS R/AT NO. 72, 1ST MAIN MALLESHPALYA, NEAR JALAKANTESHWARA TEMPLE NEW THIPPASANDRA BENGALURU - 560 075. …PETITIONER (BY MISS. NIKHITHA, ADV.) AND: 1. THE STATE OF KARNATAKA BY BYAPPANAHALLI PS, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI ADINARAYANAPPA, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.26/2025 REGISTERED BY THE BYAPPANHALLI POLICE STATION FOR THE OFFENCE P/U/S.8,12,11 OF POCSO ACT AND SEC.115(2),118(1),3(5),324(4),329(4),351(2),352,74 OF BNS 2023, PENDING ON THE FILE OF THE FTSC I BENGALURU. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 of 2025 IN CRL. P.No.3857/2025: BETWEEN: 1 . RENUKAMMA W/O NAGARAJU AGED ABOUT 48 YEARS R/AT NO.72, 1ST MAIN MALLESHPALYA, NEAR JALAKANTESHWARA TEMPLE NEW TIPPASANDRA BENGALURU - 560 075. 2 . BHOOMIKA W/O MOHAN AGED ABOUT 23 YEARS R/AT NO.72, 1ST MAIN MALLESHPALYA, NEAR JALAKANTESHWARA TEMPLE NEW THIPPASANDRA BENGALURU - 560 075. ALSO AT R/O PRAKASH NAGAR HAMPI, HAMPI POST, HOSPET BELLARY DISTRICT, KARNATAKA. ...PETITIONERS (BY MISS. NIKHITHA, ADV.) AND: 1 . THE STATE OF KARNATAKA BY BYAPPANAHALLI P.S REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2 . XXX …RESPONDENTS (BY SRI ADINARAYANAPPA, ADV., FOR R-2) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT NO.1 THAT IS BYAPPANAHALLI POLICE IN CRIME NO.26/2025 FOR THE OFFENCE P/US/ 8,12,11 OF POCSO 2012 AND SEC.115(2),118(1),3(5),324(4),329(4),351(2),352 AND 74 OF BNS 2023, PENDING BEFORE FTSC I ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. - 3 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER These two petitions under Sections 483 & 482 of BNSS, 2023 arise out of Crime No.26/2025 registered by Byappanahali Police Station for the offence punishable under Sections 115(2), 118(1), 324(4), 329(4), 351(2), 352, 74 R/w 3(5) of BNS, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, Therefore, they are disposed of by this common order. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.26/2025 was registered by Byappanahally Police Station, Bengaluru against Mohan and two others, based on the first information dated 04.02.2025 received from respondent No.2, who is the mother of the victim girl. During the course of investigation, accused No.1 Mohan was arrested on 20.02.2025 and subsequently remanded to judicial - 4 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 of 2025 custody. His bail application filed before the Trial Court in Crl.Misc.No.1731/2025 was rejected on 12.03.2025. Therefore, he is before this Court in Crl.P.No.3852/2025 seeking regular bail. 4. The mother and wife of accused No.1 Mohan are arraigned as accused Nos.2 and 3 in Crime No.26/2025 and apprehending arrest in the case they had filed Crl.Misc.No.1735/2025 before the jurisdiction Sessions Court which was rejected on 12.03.2025. Therefore, they are before this court in Crl.P.No.3657/2025 seeking anticipatory bail. 5. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that maximum punishment for the alleged offences is imprisonment for a period of seven years. There is a civil dispute between parties. Prior to registration of FIR in Crime No.26/2025, on the complaint of accused No.1 Mohan, first information was registered in Crime No.271/2024 wherein it is alleged that his mother, who is - 5 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 of 2025 arraigned as accused No.2 in the present case was missing and subsequently she was traced and she has stated that she was kidnapped by the first informant in the present case and others. Accordingly, she prays to allow the petitions. 6. Per contra, learned Addl. SPP for respondent No.1 and learned counsel for respondent No.2 pray to dismiss the petitions. They submit that serious allegations are found against accused persons and victim girl was not only harassed but she was sexually assaulted by accused No.1. Therefore, they pray to dismiss the petitions. 7. Perusal of the averments made in the first information itself would reveal that there is a civil dispute between the parties. Though the alleged incident in question had taken place on 23.01.2025, belatedly first information was submitted on 04.02.2025. Perusal of the typed first information would go to show that, first information was typed on 31.01.2025 itself but was submitted on 04.02.2025. Accused No.1 as against whom - 6 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 of 2025 there is allegation of inappropriately touching the victim girl and also assaulting her has been arrested in the present case and he is in custody from 20.02.2025. Insofar as accused Nos.2 and 3 who are the mother and wife of accused No.1 are concerned, omnibus allegations are found against them. The maximum punishment for the alleged offences is imprisonment for a period of seven years. 8. The material made available to this Court would go to show that, accused No.2 in the present case was found missing and therefore a police complaint was filed by accused No.1 Mohan based on which FIR in Crime No.271/2024 was registered by Byappanahalli Police Station and subsequently Renukamma, who is accused No.2 in this case was traced and she has given a statement before the police making allegation against the first informant in the present case. 9. The material made available to this Court would go to show that, major portion of the investigation is - 7 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 of 2025 already completed. Considering the nature of allegation found in the first information and also having regard to the admitted fact that there is a civil dispute between the parties, I am of the opinion that prayer made by the petitioners for grant of regular bail and anticipatory bail needs to be answered affirmatively. 10. Accordingly, the following:- ORDER Criminal Petition No.3852/2025 is allowed. The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.26/2025 registered by Byappanahali Police Station for the offence punishable under Sections 115(2), 118(1), 324(4), 329(4), 351(2), 352, 74 R/w 3(5) of BNS, 2023 and Sections 8, 11 & 12 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 - 8 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 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; Criminal Petition No.3857/2025 is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.2 and 3 in the event of their arrest in Crime No.26/2025 registered by Byappanahali Police Station for the offence punishable under Sections 115(2), 118(1), 324(4), 329(4), 351(2), 352, 74 R/w 3(5) of BNS, 2023 and Sections 8, 11 & 12 of the Protection of Children from Sexual Offences Act, 2012 subject to the following conditions: - 9 - NC: 2025:KHC:15086 CRL.P No. 3852 of 2025 C/W CRL.P No. 3857 of 2025 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioners shall not tamper with the prosecution witness and they shall co- operate with the Police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS