- 1 - HC-KAR NC: 2025:KHC:21448 CRL.P No. 4232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4232 OF 2025 BETWEEN: SRI IRSHAK @ ERSHAK B, S/O M.SHAMSHAD @ BAKSH, AGED ABOUT 30 YEARS, R/AT KARABALA MAIDANA, CHANNAPATANA TOWN, RAMANAGARA DIST - 562 160. …PETITIONER (BY SRI.MANJUNATH B.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY CHANNAPATNA TOWN POLICE, CHANNAPATANA - 562 160. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 002. 2. XXX XXX, …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER HEREIN ON REGULAR BAIL AGAINST THE FIR FILED BY THE RESPONDENT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21448 CRL.P No. 4232 of 2025 POLICE IN CRIME NO.52/2023 FOR THE ALLEGED OFFENCES P/U/S.9 AND 10 OF CHILD MARRIAGE RESTRAINT ACT, U/S 376 OF IPC, 1860, U/S-4, 6 OF POCSO ACT. 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.116/2023 is pending before the Court of I Additional District and Sessions Judge, FTSC, Ramanagara, arising out of Crime No.52/2023 registered by Channapatna Town Police Station, Ramanagara District, for offences punishable under Sections 363 of IPC and Sections 4, 5(L), 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 9 and 10 of the Prohibition of the Child Marriage Act, 2006 is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:21448 CRL.P No. 4232 of 2025 3. Learned Counsel for the petitioner submits that petitioner was earlier granted anticipatory bail by this Court in Crl.P.No.8285/2024 disposed of on 11.11.2024. Thereafter, since the petitioner had not appeared before the trial Court on the regular dates of hearing, coercive steps were taken against him and his presence was secured by the trial Court on 06.01.2025 and on the said date he was remanded to judicial custody. Petitioner is ready and willing to cooperate before the trial Court for expeditious disposal of the case. Accordingly, he prays to allow this petition. 4. Per contra, learned Counsels appearing for respondent Nos.1 and 2 do not seriously dispute the submission made by the learned Counsel for the petitioner and they submit that petitioner may be enlarged on bail subject to imposing appropriate conditions. 5. Material on record would go to show that considering the nature of allegations found against the - 4 - HC-KAR NC: 2025:KHC:21448 CRL.P No. 4232 of 2025 petitioner, he was granted anticipatory bail by this Court in Crl.P.No.8285/2024 disposed of on 11.11.2024. It appears that petitioner had not appeared before the trial Court after the case was committed and therefore, coercive steps were taken against him and his presence was secured by the trial Court on 06.01.2025 and on the said date he was remanded to judicial custody. Petitioner has now undertaken to regularly appear before the trial Court and cooperate for the purpose of speedy disposal of the case. Undisputedly, petitioner has no other criminal antecedents. For the mistake committed by the petitioner, he has been sufficiently punished. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs 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.116/2023 is pending before the Court of I - 5 - HC-KAR NC: 2025:KHC:21448 CRL.P No. 4232 of 2025 Additional District and Sessions Judge, FTSC, Ramanagara, arising out of Crime No.52/2023 registered by Channapatna Town Police Station, Ramanagara District, for offences punishable under Sections 363 of IPC and Sections 4, 5(L), 6 of the POCSO Act and Sections 9 and 10 of the Prohibition of the Child Marriage Act, 2006, subject to the following conditions: 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; - 6 - HC-KAR NC: 2025:KHC:21448 CRL.P No. 4232 of 2025 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.: 37