- 1 - NC: 2025:KHC:17611 CRL.P No. 5398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5398 OF 2025 BETWEEN: SIDDARAJU M S/O MAHADEVAPPA AGED ABOUT 31 YEARS HOUSE NO.122, NEAR MAARAMMA TEMPLE 1ST BLEOCK, SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI BANGALORE SOUTH TALUK - 560 061. …PETITIONER (BY SRI PRAMODA GOWDA T.P, ADV.) AND: 1. THE STATE OF KARNATAKA BY KAGGALIPURA POLICE STATION BENGALURU-560082 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:28.04.205) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO DIRECT COURT OF ADDL. DISTRICT AND SESSIONS JUDGE, (FTSC-1), BENGALURU RURAL DISTRICT, BENGALURU. TO PASS AN ORDER TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.C.NO.283/2025 (CRIME NO.20/2025) ALLEGE OFFENCES Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17611 CRL.P No. 5398 of 2025 P/U/S.75, 115(2) OF BNS 2023 AND U/S. 8 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES 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 No.1 in Spl.C.No.283/2025 pending before the Court of Addl. District & Sessions Judge FTSC-1, Bengaluru Rural District, arising out of Crime No.20/2025 registered by Kaggalipura Police Station, Ramanagara District for the offences punishable under Sections 75, 115(2) & 352 of BNS, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.20/2025 was registered by Kaggalipura Police Station, Ramanagara District against - 3 - NC: 2025:KHC:17611 CRL.P No. 5398 of 2025 petitioner and his mother initially for the offences punishable under Sections 352, 64 & 75 of BNS, 2023 and Sections 4 & 6 of POCSO Act, on the basis of first information dated 21.01.2025 received from respondent No.2 herein who is the elder sister of alleged minor victim. During the course of investigation, the petitioner was arrested on 21.01.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed for the offences punishable under Sections 75, 115(2) & 352 of BNS, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 . 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.552/2025 was dismissed on 29.03.2025. Therefore, he is before this Court. 6. Perusal of the material on record would go to show that, based on the first information submitted by elder sister of alleged minor victim, FIR was initially - 4 - NC: 2025:KHC:17611 CRL.P No. 5398 of 2025 registered against the petitioner and his mother for the offences punishable under Sections 352, 64 & 75 of BNS, 2023 and Sections 4 & 6 of POCSO Act. During the course of investigation, the petitioner was arrested on 21.01.2025. 7. The statement of the alleged minor victim and also the first informant was recorded by the Police under Section 180 of BNS, 2023 and thereafter statement was also recorded under Section 183 of BNS, 2023 by the jurisdictional Magistrate. The first informant and the victim have not made any allegation against the petitioner about he committing any penetrative sexual assault on the minor victim girl. 8. The allegation against the petitioner is that he was pestering the first informant - CW.1 to love him and had misbehaved with the sister of the alleged minor victim in the present case. It is also alleged that the petitioner had abused and assaulted the minor victim girl CW.2 on 12.01.2025. Charge sheet has been filed against the - 5 - NC: 2025:KHC:17611 CRL.P No. 5398 of 2025 accused persons for the offences punishable under Sections 75, 115(2) & 352 of BNS, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012. 9. The maximum punishment for the alleged offences is imprisonment for a period of five years. Undisputedly, the petitioner has no other criminal antecedents. Accused No.2, who is the mother of the petitioner has been granted bail in the present case before the Trial Court. 10. 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. 11. Accordingly, the following: ORDER The Criminal Petition is allowed. - 6 - NC: 2025:KHC:17611 CRL.P No. 5398 of 2025 The petitioner is directed to be enlarged on bail in Spl.C.No.283/2025 pending before the Court of Addl. District & Sessions Judge FTSC-1, Bengaluru Rural District, arising out of Crime No.20/2025 registered by Kaggalipura Police Station, Ramanagara District for the offence punishable under Sections 75, 115(2) & 352 of BNS, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The petitioner shall execute a 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; - 7 - NC: 2025:KHC:17611 CRL.P No. 5398 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) 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 NMS