- 1 - NC: 2025:KHC:16722 CRL.P No. 4720 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4720 OF 2025 BETWEEN: SRI RAJESH S/O. AYAPPAMARAKALA AGED ABOUT 40 YEARS, R/AT. CHAMPAKANAGARA SAKALESHPURA TOWN HASSAN DISTRICT - 573 134. (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. SUPRITHA K.H., ADVOCATE) AND: 1. THE STATE REP. BY SAKALESHPURA TOWN POLICE SAKALESHPURA, HASSAN DISTRICT - 573 134 2. SMT. NANDINI W/O. RAMACHANDRA AGED ABOUT 32 YEARS R/AT. JANATHA QUARTERS CHAMPAKANAGARA EXTENSION SAKALESHPURA TOWN - 573 134 …RESPONDENTS (BY SMT. PUSHPALATHA .B., ADDL.S.P.P R2 - SERVICE HELD SUFFICIENT V/O DT. 22.04.2025) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE APPLICATION AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.18/2025 POLICE CR.NO.40/2025 ON THE FILE OF THE SAKALESHPURA TOWN P.S., ON THE FILE OF THE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:16722 CRL.P No. 4720 of 2025 HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 AT HASSAN, FOR THE OFFENCES P/U/S 96 AND 75 OF BNS, U/S 8 AND 12 OF POCSO ACT, U/S 3(1)(W)(I), 3(1)(W)(II), 3(2)(VA) OF SC/ST (POA) ACT, THE PETITIONER IS READY TO FURNISH SOLVENT SURETY TO THE SATISFACTION OF THE HONBLE COURT AND ALSO READY TO ABIDE BY ALL THE CONDITIONS GOING TO BE IMPOSED BY THIS HONBLE COURT. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Cr.No.18/2025 (police Cr.No.40/2025) registered by Sakleshpura Town Police Station, Hassan, for the offences punishable under Sections 96 and 75 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. - 3 - NC: 2025:KHC:16722 CRL.P No. 4720 of 2025 Respondent No.2 who is served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.40/2025 was registered by Sakleshpura Town Police Station, Hassan, against the petitioner herein for the above said offences based on the first information dated 28.01.2025 received from respondent No.2, who is the mother of the victim girl. 4. During the course of investigation of the case, the petitioner herein was arrested on 28.01.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Cr.No.40/2025 was rejected on 15.03.2025. Therefore, he is before this Court. 5. The allegations against the petitioner in the first information which is submitted by the mother of the victim girl is that on 28.01.2025, at about 11.00 a.m., she was informed over phone by Nallappa, who is the husband of her friend Hemalatha that one person, who came near their house had forcibly taken her minor daughter inside her house and had - 4 - NC: 2025:KHC:16722 CRL.P No. 4720 of 2025 misbehaved with the minor daughter and also touched her inappropriately. 6. On enquiry, the first informant allegedly came to know that the said person was the petitioner herein and therefore, she had submitted the first information. The allegation against the petitioner, aged about 40 years, who is a acquaintance of first informant is that he had in appropriately touched the victim girl and also had kissed her. It is also alleged that petitioner had inappropriately touched the private parts of the victim girl. Investigation of the case is completed and charge sheet has been filed for the aforesaid offences. It is not in dispute that the petitioner has no criminal antecedents. The alleged offences are not punishable with death or life imprisonment. 7. Considering the aforesaid aspects of the matter, more so, the nature of allegations made in the first information and in the charge sheet, I am of the opinion that the prayer made by the petitioner who has no other criminal antecedents for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- - 5 - NC: 2025:KHC:16722 CRL.P No. 4720 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Cr.No.18/2025 (police Cr.No.40/2025) registered by Sakleshpura Town Police Station, Hassan, for the offences punishable under Sections 96 and 75 of the BNS, 2023 and Sections 8 and 12 of the POCSO Act and Section 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, 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; - 6 - NC: 2025:KHC:16722 CRL.P No. 4720 of 2025 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 BH List No.: 2 Sl No.: 7