- 1 - NC: 2025:KHC:15471 CRL.P No. 4167 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4167 OF 2025 BETWEEN: SHASHANK, S/O HANUMEGOWDA, AGED ABOUT 22 YEARS, R/O GOPANAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573 118. …PETITIONER (BY SRI RAVI M.M., ADVOCATE) AND: 1. STATE BY GANDASI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DATED 15.04.2025) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.109/2024 IN SPL.C.NO.511/2024, FOR THE OFFENCES P/U/S 137(2),54,64 OF BNS, 2023, U/S 6 AND 17 OF POCSO, 2012, OF THE 1ST RESPONDENT GANDASI P.S., PENDING ON Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15471 CRL.P No. 4167 of 2025 THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, AT HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Spl.C.511/2024 pending before the Additional District and Sessions Judge, FTSC-I, Hassan arising out of Cr.No.109/2024 registered by Gandasi Police Station, Hassan for the offences punishable under Sections 137(2), 54, 64 of Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 17 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short) is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State. Respondent No.2 who is served has remained unrepresented before this Court. - 3 - NC: 2025:KHC:15471 CRL.P No. 4167 of 2025 3. FIR in Cr.No.109/2024 was registered by the Gandasi Police Station, Hassan, initially for the offence punishable under Section 137(2) of Bharatiya Nyaya Sanhita, 2023 against unknown persons based on the first information dated 30.08.2024 submitted by respondent No.2 who is the father of victim girl aged about 17 years. During the course of investigation, the petitioner was arrested on 21.09.2024. Investigation of the case is completed and charge sheet has been filed against 08 persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the trial Court jurisdictional Sessions Court in S.C.No.511/2024 was rejected on 27.01.2025. Therefore, petitioner is before this Court. 4. A perusal of the material on record would go to show that petitioner and victim girl were in love. Accused No.2 allegedly was in love with a girl named Meghana and after the parents of the said girl came to know about the same, they allegedly had lodged a Police complaint and as a result, there was a separation between accused No.2 and - 4 - NC: 2025:KHC:15471 CRL.P No. 4167 of 2025 the said girl Meghana. It is under the said circumstances, on the advise of accused No.2, petitioner and the victim girl had left their house and traveled together and subsequently, taken shelter in the house of accused No.3- Manjunath. The statement of victim girl under Section 183 of BNSS, 2023 was recorded by the jurisdictional Magistrate. In the said statement, she has stated that she and the petitioner had traveled together in a bus and had reached the house of accused No.3-Manjunath and stayed in his house. She has also stated that in the said house Manjunath, his wife, two children and other relatives of Manjunath are also staying. She has also stated that she stayed with petitioner in the said house for a period of one week and in the said house, they had sexual intercourse. Subsequently, accused No.3 came to know about the case registered against the petitioner and therefore, he had dropped the petitioner and victim to a railway station at Mysuru and thereafter, the petitioner and victim girl had returned to their village. The petitioner aged about 23 years having no criminal antecedents, is in custody from - 5 - NC: 2025:KHC:15471 CRL.P No. 4167 of 2025 21.09.2024. Investigation of the case is completed and charge sheet has been filed. Victim girl aged about 17 years had left the house and traveled with petitioner and stayed in the house of accused No.3, where the other inmates of the house were also present. Considering the nature of allegations found in the charge sheet and also the statement of victim girl recorded under Section 183 of BNSS, 2023, 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.511/2024 pending before the Additional District and Sessions Judge, FTSC-I, Hassan arising out of Cr.No.109/2024 registered by Gandasi Police Station, Hassan for the offences punishable under Sections 137(2), 54, 64 of Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 17 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: - 6 - NC: 2025:KHC:15471 CRL.P No. 4167 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 NR/- List No.: 1 Sl No.: 98