- 1 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4728 OF 2025 BETWEEN: RITIKSH @ SANTHOSH, AGED ABOUT 26 YEARS, S/O LATE NARAYANA POOJARI, R/AT NEAR SRINIVS COLLEGE, KAMBALA ROAD, ADYRPDVU HOUSE, ADYARU VILLAGE, MANGALORE TALUK, DAKSHINA KANNADA. …PETITIONER (BY SRI. NARAYANA SWAMY M.,ADVOCATE) AND: 1. STATE BY D K PUTTUR WOMEN PS, (PUTTUR SUB-DIVISION), DAKSHINA KANNADA. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. XXX XXX …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R-1; R-2 SERVED AND HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER / ACCUSED, IN CRIME NO.46/2023, SPL.CASE.NO.5011/2024 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 FOR OFFENCES UNDER SECTION 354(A), 376 AND 506 OF IPC AND U/SEC 4 AND 8 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT OF 2012 AND U/SEC. 3(1)(w)(i)(ii), 3(1)(w)(i) OF PREVENTIONS OF ATROCITIES AGAINST SC AND ST ACT., REGISTERED BY D.K.PUTTUR WOMEN P.S, PENDING IN THE COURT OF THE V ADDL., DISTRICT AND SESSIONS JUDGE D.K. MANGALURU SITTING AT PUTTUR. D.K. 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.5011/2024 pending before the Court V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, D.K., arising out of Crime No.46/2023 registered DK Women Police Station, Dakshina Kannada, for offences punishable under Sections 354(A), 376, 506 of IPC, Sections 4 & 8 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 3(1)(w)(i)(ii), 3(1)(w)(i) the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act) Amendment Act, 2015 (for short 'SC and ST (POA)A Act') is before this Court in this successive bail - 3 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No. 46/2023 was registered by DK Women Police Station, Dakshina Kannada, for the aforesaid offences against petitioner herein, based on the first information dated 17.11.2023, received from victim girl (CW.1) who is the daughter of respondent No.2 herein. 4. During the course of investigation of the case, petitioner herein was arrested on 17.11.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet was filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.5011/2024 was rejected and therefore, he had approached this Court - 4 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 in Crl.P.No.7945/2024 which was dismissed as withdrawn reserving liberty to the petitioner to file a fresh petition after examination of victim girl is completed before the trial Court. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that victim girls and the mother of the CW.1 have already been examined in the present case as PWs.1 to 3. Petitioner is in custody in the present case from 17.11.2023. There are totally 32 charge sheet witnesses cited in the present case. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition on the ground that victim girls who are minors have supported the case of the prosecution. Accordingly, she prays to dismiss this petition. 7. First information in the present case was submitted by one of the victim girl, who is cited as CW.1 in the charge sheet. During the course of investigation the - 5 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 petitioner was arrested on 17.11.2023. After completing investigation, charge sheet has been filed against him for the aforesaid offences. In the charge sheet, it is alleged that petitioner was pestering the victim girl (CW.1) to love him and was following her. On 03.11.2023, when CW.1 was on her way to her college, petitioner who came in a motorbike forcibly took CW.1 in his motorbike and on the way he touched her inappropriately, thereafter in an isolated place he allegedly undressed her and had sexual intercourse with her after criminally intimidating her. Subsequently on 16.11.2023, when CW.1 and the other victim girl (CW.2) were together, petitioner allegedly asked CW.1 to hug and kiss him and when CW.1 called CW.2 for help, petitioner allegedly misbehaved with CW.2 touched her inappropriately. 8. Petitioner is in custody in the present case from 17.11.2023. CWs.1 and 2 have been examined before the trial Court as PWs.1 and 2. Petitioner allegedly has committed penetrative sexual assault only on CW.1. There - 6 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 is no allegation against the petitioner about he committing any penetrative sexual assault on CW.2. Mother of CW.1 has been examined in the present case as PW.3. Since material charge sheet witnesses are already examined before the trial Court, there cannot be any apprehension that petitioner may tamper with the material prosecution witnesses. Out of the 32 charge sheet witnesses cited in the present case, till date only 3 charge sheet witnesses have been examined. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote. Petitioner who has no other criminal antecedents is in custody for the last more than one year nine months. 9. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19 has observed as follows: "19. If the State or any prosecuting agency including the Court concerned has no - 7 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime." 10. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, considering his period of incarceration. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.5011/2024 pending before the Court V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, sitting at Puttur, D.K., arising out of Crime - 8 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 No.46/2023 registered DK Women Police Station, Dakshina Kannada, for offences punishable under Sections 354(A), 376, 506 of IPC, Sections 4 & 8 of POCSO Act and Sections 3(1)(w)(i)(ii), 3(1)(w)(i) of SC and ST (POA)A Act, 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without - 9 - HC-KAR NC: 2025:KHC:25784 CRL.P No. 4728 of 2025 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.: 52