- 1 - NC: 2025:KHC:16624 CRL.P No. 5506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5506 OF 2025 BETWEEN: NOUSAD @ NAUSHAD SHAFI S/O MEHABOOB AGED ABOUT 20 YEARS R/AT SUDNIPUR RAVATI GRAMA CHANDPUR TALUK, BIJANOOR JILLA HEMPURA POLICE THANA LIMITS UTTAR PRADESH - 246 725. …PETITIONER (BY SRI M. KRISHNE GOWDA, ADV.) AND: 1. STATE OF KARNATAKA STATE BY RAJANAKUNTE P.S RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP; NOTICE TO R-2 IS H/S V/O DTD:22.04.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.277/2024 BY RAJANAKUNTE POLICE NOW IN SPL.C.NO.943/2024, PENDING BEFORE THE HONBLE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-III AT BENGALURU RURAL DISTRICT FOR THE OFFENCE P/U/S 65(1) OF BNS AND U/S 4(2),5(L),6 OF POCSO ACT. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16624 CRL.P No. 5506 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Spl.C.No.943/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District, arising out of Crime No.277/2024 registered by Rajanukunte Police Station, Bengaluru District, for the offences punishable under Sections 5(L), 6 and 4(2) of the POCSO Act, 2012 and Section 65(1) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Addl. SPP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. Learned counsel for the petitioner has produced depositions of the victim and her parents, who are examined as PW1 to PW3 before the Trial Court. A perusal of the same would go to show that victim has been examined as PW1 and her parents are examined as PW2 and PW3. None of the aforesaid witnesses have supported the case of the prosecution - 3 - NC: 2025:KHC:16624 CRL.P No. 5506 of 2025 and therefore, they are all treated as hostile witnesses and with the permission of the Trial Court, they have been cross- examined by the public prosecutor. A perusal of the deposition of the witnesses would go to show that nothing material has been elicited from their mouth which is incriminating against the petitioner even during the course of their cross-examination by the public prosecutor. Petitioner aged about 20 years, having no criminal antecedents, is in custody from 20.09.2024. Since material charge sheet witnesses are already examined, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 4. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.943/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-III, Bengaluru Rural District, arising out of Crime No.277/2024 registered by Rajanukunte Police Station, Bengaluru District, for the offences punishable under Sections 5(L), 6 and 4(2) of the POCSO Act, - 4 - NC: 2025:KHC:16624 CRL.P No. 5506 of 2025 2012 and Section 65(1) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a 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 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 DN