- 1 - NC: 2025:KHC:17081 CRL.P No. 4744 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. 4744 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SOORIBABU, S/O CHENGALARAYAREDDY, AGED ABOUT 44 YEARS, R/AT NO. 45, PRABHA RENT HOUSE, 1st B CROSS, SHIVAPURA VILLAGE, BAGALURU MAIN ROAD, YELAHANKA, BANGALORE URBAN-560 063. (THE PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA POLICE STATION BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. DR. PRADEEP K.S, (FATHER NAME NOT MENTIONED IN FIR AND COMPLAINT) (AGE IS NOT MENTIONED IN FIR AND COMPLAINT) SALALAYA HOSPITALS PVT LTD, NO.3/1/B, SARALAYA LAYOUT, SHREE KRISHNA GARDEN, KATTIGENAHALLI, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:17081 CRL.P No. 4744 of 2025 BAGALURU MAIN ROAD, YELAHANKA,BANGALORE-560 063. …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1; R2- SERVICE HELD SUFFICIENT, V/O. DATED 25.04.2025) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C 1481/2024 (CRIME NO.260/2024) OF YELAHANKA POLICE STATION FOR THE O/P/U/S 376(2)(N), 376(AB) OF IPC AND SECTION 5(L)(N)(M), 6 OF POCSO ACT, 2012 PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE FTSC-IV BANGALORE. 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.C.No.1481/2024 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV Bengaluru, arising out of Crime No.260/2024 registered by Yelahanka Police Station, Bengaluru, for offences punishable under Sections 376(2)(N), 376(AB) of the Indian Penal Code (for short, 'IPC'), Sections 5(L)(N)(M) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. - 3 - NC: 2025:KHC:17081 CRL.P No. 4744 of 2025 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.260/2024 was registered by Yelahanka Police Station, Bengaluru against unknown persons for the aforesaid offences, on the basis of the first information dated 13.06.2024 received from respondent No.2. 4. During the course of investigation of the case, petitioner herein was arrested on 14.06.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against the petitioner for the aforesaid offences. Bail application filed by the petitioner in Crl.Misc.No.8810/2024 before the Jurisdictional Sessions Court was rejected on 21.10.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that victim girl who is the daughter of the petitioner was taken to the hospital by him since she had complained pain in her private parts. The Doctor who examined her having found she - 4 - NC: 2025:KHC:17081 CRL.P No. 4744 of 2025 suffered from urinary track infection, suspected about sexual assault on the minor girl, who was aged 6 years and had submitted a first information based on which FIR was registered against unknown person. During the course of investigation, petitioner was arrested on 14.06.2024 and after completing investigation, charge sheet has been filed against him for the aforesaid offences. He submits that victim girl has been examined as PW-2 before the Trial Court and she has turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 7. From the perusal of the material on record it is seen that, petitioner who is the father of the victim girl himself had taken the victim girl to the Doctor who has submitted the first information in the present case. Victim girl was treated for urinary track infection and since the first informant-Doctor suspected sexual assault on her, he had approached the police and the petitioner was subsequently arrested. Before the Trial Court, the victim girl has been now examined as PW-2 and she - 5 - NC: 2025:KHC:17081 CRL.P No. 4744 of 2025 has not made any allegations against the petitioner, which would prima facie attract the alleged offences against him. The victim girl was therefore treated as a hostile witness by the prosecution and cross examined. Undisputedly, petitioner has no criminal antecedents and he is in custody from 14.06.2024. The first informant has been examined as PW-1 before the Trial Court. Therefore, material charge sheet witnesses have already been examined as on this date. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.260/2024 registered by Yelahanka Police Station, Bengaluru, for offences punishable under Sections 376(2)(N), 376(AB) of IPC and Sections 5(L)(N)(M) and 6 of POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 6 - NC: 2025:KHC:17081 CRL.P No. 4744 of 2025 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 SPV List No.: 1 Sl No.: 40