- 1 - NC: 2025:KHC:17613 CRL.P No. 5412 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. 5412 OF 2025 BETWEEN: SHAHDAB KHAN S/O ATEULLA KHAN AGED ABOUT 21 YEARS R/AT NO.887, BEHIND PATHIMA MASJID, VIDYASAGARA THANISANDRA MAIN ROAD SWARNAN KARANTH NAGAR BANGALORE - 560 077. …PETITIONER (BY SMT. NIKHITHA, ADV.) AND: 1. THE STATE OF KARNATAKA BY SUBRAMANYANAGARA P.S REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI AJAY N, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.C.NO.219/2025 ARISING OUT OF CRIME NO.230/2024 REGISTERED BY THE SUBRAMANYA NAGARA POLICE AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 376(2),(1),506 OF IPC AND SEC.4(2),6,812 OF POCSO ACT PENDING BEFORE THE HONBLE COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE FTSC II AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17613 CRL.P No. 5412 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.C.C.No.219/2025 pending before the Court of Addl. City Civil & Sessions Judge FTSC-II, Bengaluru, arising out of Crime No.230/2024 registered by Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 376(2)(l) & 506 of IPC and Sections 4(2), 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.230/2024 was registered by Subramanyapura Police Station, Bengaluru City against petitioner for the aforesaid offences, on the basis of first information dated 19.12.2024 received from respondent No.2 herein who is the mother of the victim girl. During the course of investigation, the petitioner was arrested on 14.12.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. - 3 - NC: 2025:KHC:17613 CRL.P No. 5412 of 2025 4. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.2290/2025 was dismissed on 29.03.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner has no criminal antecedents and he is an youngster aged about 24 years. The victim girl and the other material witnesses have turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP for respondent No.1 and learned counsel for respondent No.2 does not dispute the submission made by learned counsel for the petitioner. 7. First information was submitted by the mother of the victim girl, after the victim girl allegedly informed her that the petitioner, who got acquainted to her through her friend had subsequently taken her to isolated place and after making her to consume sedated juice, allegedly had sex with her. It is under these circumstances, FIR was initially registered against the petitioner for the offences punishable under Sections 376(2)(l) & of IPC and Sections 4(2) & 6 of the Protection of Children from Sexual Offences Act, 2012. - 4 - NC: 2025:KHC:17613 CRL.P No. 5412 of 2025 8. During the course of investigation, the petitioner aged about 24 years having no criminal antecedents was arrested on 14.12.2024. Before the Trial Court, the victim girl has been examined as PW.3 and her mother, who is first informant in the present case has been examined as PW.2. The elder sister of the victim girl has been examined as PW.4. All the aforesaid witnesses have not supported the case of the prosecution. Therefore, they are treated as hostile witnesses and cross-examined by the public prosecutor but nothing material has been elicited from the mouth of the aforesaid witnesses even during their cross-examination. 9. 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 without expressing any opinion on merits / demerits of the case. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.219/2025 pending before the Court of Addl. City - 5 - NC: 2025:KHC:17613 CRL.P No. 5412 of 2025 Civil & Sessions Judge FTSC-II, Bengaluru, arising out of Crime No.230/2024 registered by Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 376(2)(l) & 506 of IPC and Sections 4(2), 6, 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; 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