- 1 - NC: 2025:KHC:17034 CRL.P No. 4626 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4626 OF 2025 BETWEEN: DEVARAJ, S/O. LATE RAVI, AGED ABOUT 28 YEARS, R/AT NO. 48, 9TH CROSS, ARUNDATHI NAGARA, CHANDRA LAYOUT, BANGALORE - 560 072. (ACCUSED IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI.K. R. SATISH., ADV FOR SMT. RAJESHWARI M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GAURIBIDANURU RURAL POLICE, CHIKKABALLAPURA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. XXX XXX, …RESPONDENTS (BY SMT. PUSHAPALATHA B., ADDITIONAL SPP FOR R1; R2 SERVICE HELD SUFFICIENT V/O DATED 25.04.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:17034 CRL.P No. 4626 of 2025 SPL.S.C.NO.156/2024 PENDING BEFORE THE HONBLE ADDL. SESSIONS JUDGE AND JUDGE, FAST TRACK SPECIAL COURT-I (POCSOA) AT CHIKKABALLAPURA (CR.NO.0205/2024 OF GAURIBIDANURU RURAL POLICE) FOR THE ALLEGED OFFENCES P/U/S 137(2), 65(1) OF BNS, 2023 AND SEC. 4, 6 OF POCSO ACT. 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.156/2024 pending before the Court Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.205/2024 registered Gowribidanur Rural Police Station, Chickballapura, for offences punishable under Sections 137(2), 65(1) of BNS, 2023 and Sections 4, 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned Counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:17034 CRL.P No. 4626 of 2025 3. FIR in Crime No. 205/2024 was registered by Gowribidanur Rural Police Station, Chickballapura, against petitioner herein initially for offences punishable under Section 137(2) of BNS, 2023, based on the first information dated 26.07.2024 submitted by respondent No.2, who is the father of the victim girl aged about 15 years 11 months. 4. During the course of investigation of the case, petitioner and the victim girl were traced together. Petitioner was arrested on 04.08.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.589/2024 was rejected on 27th September, 2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner has no criminal antecedents and he is in custody from 04.08.2024. Material on record would go to show - 4 - NC: 2025:KHC:17034 CRL.P No. 4626 of 2025 that petitioner and the victim girl were in love and since the parents and the relatives of the victim girl had opposed the said relationship, victim girl had left her house and travelled with the petitioner and stayed with him in his grand mother's house at Nelamangala. Victim girl has been already examined before the trial Court as P.W-1 and therefore, there cannot be any apprehension that the petitioner may tamper with the material charge sheet witness. Accordingly, he prays to allow this petition. 6. Per contra, learned Additional SPP who has opposed the petition submits that the minor victim girl has supported the case of the prosecution in her statement recorded under Section 183 of BNSS, 2023 and also during the course of her deposition before the trial Court as P.W- 1. Therefore, petitioner's prayer for grant of regular bail needs to be rejected. 7. FIR in the present case was initially registered against unknown persons, after the victim girl was found missing from her house on 25.07.2024. During the course - 5 - NC: 2025:KHC:17034 CRL.P No. 4626 of 2025 of investigation, the petitioner and the victim girl were traced in the house of petitioner's grand mother at Nelamangala. Petitioner was arrested on 04.08.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. 8. Perusal of the statement made by the victim girl under Section 183 of BNSS, 2023 and also during the course of her deposition before the trial Court as P.W-1 would go to show that she and the petitioner were in love and her parents and relatives had opposed the same. Be that as it may be, the fact remains that the victim girl has been already examined before the trial Curt as P.W-1. Prosecution has in all cited 28 charge sheet witnesses in the present case and till date only 1 charge sheet witness is examined before the trial Court. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote. Undisputedly, petitioner has no criminal antecedents and he is in custody - 6 - NC: 2025:KHC:17034 CRL.P No. 4626 of 2025 from 04.08.2024. Since material charge sheet witness is already examined, there cannot be any apprehension that petitioner may tamper with the prosecution witnesses. 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. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.No.156/2024 pending before the Court Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.205/2024 registered Gowribidanur Rural Police Station, Chickballapura, for offences punishable under Sections 137(2), 65(1) of BNS, 2023 and Sections 4, 6 of POCSO Act, subject to the following conditions: - 7 - NC: 2025:KHC:17034 CRL.P No. 4626 of 2025 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 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.: 36