- 1 - NC: 2025:KHC:17971 CRL.P No. 5271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5271 OF 2025 BETWEEN: CHANDAPPA @ CHANDAPPA GUNNAL, S/O MALLAPPA, AGED ABOUT 23 YEARS R/AT DARSHINI HOTEL, BILLINAKOTE, SOMPURA HOBLI, NELAMANGALA TALUK - 562 111 BENGALURU RURAL DISTRICT. PERMANENTLY RESIDING AT MANERHAL KOPPAL, KOPPAL, KUSHAGE, KARNATAKA - 583 281 …PETITIONER (BY SRI. SYED MOHAMMED IRBAZ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DABASPETE P.S BENGALURU RURAL REP BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. ***** …RESPONDENTS (BY SMT. ANITHA GIRISH, HCGP FOR R1) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.301/2024 (NOW IN SPL.C.NO.74/2025) OF DABASPETE POLICE FOR THE ALLEGED OFFENCE P/U/S 137(2), 351(2), 352 OF BNS AND SEC. 8 OF POCSO ACT, PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE, FTSC-I BENGALURU RURAL DISTRICT, BENGALURU. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17971 CRL.P No. 5271 of 2025 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 Spl.C.No.74/2025 pending before the Court of Additional District and Sessions Judge, FTSC-1 Bengaluru, arising out of Crime No.301/2024 registered by Dobbespet Police Station, Bengaluru, for offences punishable under Sections 137(2), 351(1) and 352 of BNS of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 8 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. 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.301/2024 was registered by Dobbespet Police Station, Bengaluru, initially for offence punishable under Section 137(2) of BNS against unknown - 3 - NC: 2025:KHC:17971 CRL.P No. 5271 of 2025 persons, on the basis of the first information dated 17.12.2024 received from Srinivasamurthy -father of victim girl aged about 12 years. 4. During the course of investigation of the case, petitioner was arrested on 17.12.2024 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.470/2025 before the Jurisdictional Sessions Court was rejected on 24.03.2025. Therefore, the petitioner is before this Court. 5. Perusal of the material on record would go to show that after the victim girl was found missing, the first informant had approached the police on the next day and based on his first information, FIR was registered against unknown person. During the course of investigation, petitioner herein was arrested and subsequently, remanded to judicial custody. The statement of the victim girl under Section 183 of BNSS was recorded in the present case by the jurisdictional Magistrate. Perusal of the said statement and also the charge sheet which is now filed against the petitioner would go to show that - 4 - NC: 2025:KHC:17971 CRL.P No. 5271 of 2025 allegation against the petitioner is that he had taken the victim girl forcibly in his auto-rickshaw and haD threatened her and also touched her inappropriately. Maximum punishment for the alleged offences is imprisonment for the period of five years. Undisputedly, petitioner has no other criminal antecedents. Under such circumstances, 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.301/2024 registered by Dobbespet Police Station, Bengaluru, for offences punishable under Section 137(2), 351(1) and 352 of BNS and Section 8 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 likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 5 - NC: 2025:KHC:17971 CRL.P No. 5271 of 2025 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.: 37