- 1 - NC: 2025:KHC:16902 CRL.P No. 4658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4658 OF 2025 BETWEEN: SRI MALLESH S/O MALLAPPA AGED ABOUT 31 YEARS R/AT YAGAVABASAVAPURA VILLAGE, CHILAKALANERPU HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 562 101. …PETITIONER (BY SRI DEVENDRA N, ADV.) AND: 1. STATE OF KARNATAKA BY KENCHANAHALLI POLICE STATION CHINTAMANI, CHIKKABALLAPUR REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:24.04.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.0162/2023 FOR THE O/P/U/S 363 OF IPC LATER REGISTERED AS SPL.SC.NO.34/2024 FOR THE O/P/U/S 366(A), 376(2), (N), 212, 343 OF IPC AND SECTION 6, 8 AND 12 OF PROTECTION OF WOMEN FROM SEXUAL OFFENCES ACT, 2012 AND SECTIONS 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT REGISTERED BY KENCHARLAHALLI POLICE STATION, CHINTAMANI, CHIKKABALLAPURA DISTRICT (1ST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16902 CRL.P No. 4658 of 2025 PETITIONER IN COURT OF ADDITIONAL SESSIONS JUDGE FTSC-I, CHIKKABALLAPUR IN CRL.MISC.NO.288/2024 WAS REJECTED VIDE ORDER DATED 29.04.2024. 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.S.C.No.34/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-I, Chikkaballapura, arising out of Crime No.162/2023 registered by Kencharlahalli Police Station, Chikkaballapura District for the offences punishable under Sections 366(A) & 376(2)(n), 212 & 343 of IPC, Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:16902 CRL.P No. 4658 of 2025 4. FIR in Crime No.162/2023 was registered by Kencharlahalli Police Station, Chikkaballapura District initially for the offence punishable under Section 363 of IPC, on the basis of first information dated 15.12.2023 received from respondent No.2 herein who is the father of the victim girl. During the course of investigation, the petitioner was arrested on 20.12.2023 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.288/2024 was dismissed on 29.04.2024. Therefore, he is before this Court. 6. Learned counsel for the petitioner has produced deposition of the first informant as well as the victim girl, who are now examined before the Trial Court as PW.1 and PW.2. Perusal of the same would go to show that, the first informant as well as the victim girl have turned hostile to - 4 - NC: 2025:KHC:16902 CRL.P No. 4658 of 2025 the case of the prosecution and therefore with permission of the Court, the public prosecutor has cross-examined the aforesaid witnesses. However, nothing material has been elicited from the mouth of these witnesses even during the course of their cross-examination by the public prosecutor, which is incriminating against them. 7. The petitioner is in custody from 20.12.2023. Since the material charge sheet witnesses have been already examined there cannot be any apprehension that the petitioner may tamper with the prosecution witnesses. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.No.34/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-I, Chikkaballapura, arising - 5 - NC: 2025:KHC:16902 CRL.P No. 4658 of 2025 out of Crime No.162/2023 registered by Kencharlahalli Police Station, Chikkaballapura District for the offences punishable under Sections 366(A) & 376(2)(n), 212 & 343 of IPC, Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, 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 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 leave the jurisdiction of the Trial Court without permission - 6 - NC: 2025:KHC:16902 CRL.P No. 4658 of 2025 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS