- 1 - NC: 2025:KHC:15805 CRL.P No. 4397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4397 OF 2025 BETWEEN: ABHISHEKH M S/O MUNIYAPPA AGED ABOUT 19 YEARS RESIDING AT C.K. PALA VILLAGE, JIGANI HOBLI ANEKAL TALUK, BENGALURU URBAN DISTRICT. …PETITIONER (BY SRI RAMESHA H.N, ADV.) AND: 1. STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER, HEBBAGODI POLICE STATION, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHAPALATHA B, ADD. SPP NOTICE TO R-2 H/S V/O DTD: 16.04.2025) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15805 CRL.P No. 4397 of 2025 OF HIS ARREST IN CR.NO.34/2025 OF HEBBAGODI P.S., FOR THE OFFENES P/U/S 115(2),126(2),351(2) OF THE BNS, U/S 8,12, OF THE POCSO ACT, PENDING ON THE FILE OF HONBLE FTC-I, BENGALURU RURAL DISTRICT, AT 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 1. Accused No.1 in Crime No.34/2025 registered by Hebbagodi Police Station, Bengaluru District, for the offences punishable under Sections 115(2), 126(2) and 351(2) of BNS, 2023 and Sections 8 and 12 of POCSO Act, 2012, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for petitioner and the learned Addl. SPP for respondent No.1. Respondent No.2 though served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.34/2025 was registered by Hebbagodi Police Station, Bengaluru District, for the aforesaid offences against the petitioner and his family members based on the first information dated 24.01.2025 submitted by the victim girl aged about 18 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.200/2025 before the - 3 - NC: 2025:KHC:15805 CRL.P No. 4397 of 2025 jurisdictional Sessions Court which was rejected on 25.02.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that petitioner is a student and the victim girl appears to be studying in the very same Institute where the petitioner is studying. The allegation in the first information is that in the month of September, 2023, petitioner and his family members allegedly tried to kidnap the victim girl. Thereafter, in the month of October, 2023, petitioner and his friends allegedly criminally intimidated the victim girl for the reason that she had refused to love the petitioner. Subsequently, on 07.11.2024 petitioner allegedly had pulled the hand of the victim girl in her college and misbehaved with her. In respect of the aforesaid incidents, belatedly first information is submitted on 24.01.2025. The allegation found in the first information are omnibus in nature. Petitioner, who is a student has no other criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Accused Nos.2 to 4 have already been granted anticipatory bail in the present case. Considering the nature of allegations found in the first information as against the petitioner, who is a student, I - 4 - NC: 2025:KHC:15805 CRL.P No. 4397 of 2025 am of the opinion that his prayer for grant of anticipatory bail, needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.34/2025 registered by Hebbagodi Police Station, Bengaluru District, for the offences punishable under Sections 115(2), 126(2) and 351(2) of BNS, 2023 and Sections 8 and 12 of POCSO Act, 2012, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with - 5 - NC: 2025:KHC:15805 CRL.P No. 4397 of 2025 the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN