- 1 - NC: 2025:KHC:15578 CRL.P No. 4141 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. 4141 OF 2025 BETWEEN: SRI MANJESH KUMAR S/O MUNIRAJU AGED ABOUT 31 YEARS RESIDING AT TALAGAVARA VILLAGE CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT - 562 101. …PETITIONER (BY SRI SUDHANVA D.S, ADV.) AND: 1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION CHIKKABALLAPUR REPRESENTED BY H.G.C.P. HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARE THE PETITIONER ON BAIL IN CRIME NO.49/2023 IN SPL.S.C.NO.54/2023 REGISTERED BY CHIKKABALLAPURA WOMEN POLICE STATION FOR THE OFFENCE P/US/ 363,343,376(2)(n) OF IPC AND SEC.5(n)(L),6 OF POCSO ACT 2012 PENDING BEFORE ADDL. SESSIONS JUDGE AND FTSC I (POCSO) AT CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15578 CRL.P No. 4141 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Spl.SC.No.54/2023 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Chikkaballapura, arising out of Crime No.49/2023 registered by Chikkaballapura Women Police Station, Chikkaballapura, for the offences punishable under Sections 363, 343, 376(2)(n) of IPC and Sections 5(n)(L), 6 of POCSO Act, 2012, is before this Court under Section 439 Cr.PC, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.49/2023 was registered by Chikkaballapura Women Police Station, Chikkaballapura, initially for the offence punishable under Section 363 of IPC against the petitioner herein based on the first information dated 08.04.2023 received from respondent no.2 who is the mother of the victim girl aged about 17 years. During the course of investigation, petitioner was arrested on 14.04.2023 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed against the petitioner herein for the aforesaid offences. Bail application - 3 - NC: 2025:KHC:15578 CRL.P No. 4141 of 2025 filed by the petitioner before the Trial Court in Spl.SC.No.54/2023 was rejected on 15.10.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Learned Counsel appearing for respondent no.2 submits that he has no objection to allow the petition. 7. Perusal of the material on record would go to show that petitioner and the victim were in love and after the victim was found missing from her house, her mother had approached the police. Victim is the younger sister of petitioner's wife. She has been examined before the Trial Court as PW-1 during the course of trial. Victim girl has not supported the case of the prosecution and though the Public Prosecutor has cross- examined the victim girl, nothing material has been elicited from her mouth which is incriminating against the petitioner. Petitioner is in custody for the last more than two years. Since material charge sheet witness has been already examined - 4 - NC: 2025:KHC:15578 CRL.P No. 4141 of 2025 before the Trial Court, there cannot be any apprehension that petitioner is likely to tamper with the material prosecution witnesses. Under the circumstances, without expressing any opinion on the merits and demerits of the case, I am of the opinion that petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.SC.No.54/2023 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Chikkaballapura, arising out of Crime No.49/2023 registered by Chikkaballapura Women Police Station, Chikkaballapura, for the offences punishable under Sections 363, 343, 376(2)(n) of IPC and Sections 5(n)(L), 6 of POCSO Act, 2012, subject to the following conditions: 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; - 5 - NC: 2025:KHC:15578 CRL.P No. 4141 of 2025 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 KK