- 1 - HC-KAR NC: 2025:KHC:21563 CRL.P No. 5704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5704 OF 2025 BETWEEN: FAYAZ PASHA S/O MADAR PASHA AGE ABOUT 51 YEARS R/AT.1025, PIPELINE ROAD SHYAMANNA GARDEN BANGALORE, KARNATAKA - 560 032. …PETITIONER (BY SRI IQBAL AHMED KHAN, ADV.) AND: 1. STATE BY STATE BY BYATARAYAPURA POLICE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. LAKSHMI W/O KUMAR AGED ABOUT 35 YEARS R/AT.27-C, CROSS HOSAGUDDA DAHALLI MYSORE ROAD BANGALORE - 560 026. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; V/C/O DT:20.06.2025 NOTICE TO R-2 IS H/S) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN S.C. NO.319/2025 FOR AN ALLEGED OFFNECES PUNISHABLE UNDER SECTION 3(b), 4, 5(m) AND 6 OF POCSO ACT 2012, PENDING BEFORE THE HONBLE F.T.S.C-I AT BENGALURU BY ALLOWING THE APPLICATION. Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21563 CRL.P No. 5704 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 Special Case No.319/2025 pending before the Court of Addl. City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out Crime No.403/2024 registered by Byatarayanapura Police Station, Bengaluru City, for the offences punishable under Sections 3(b), 4, 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.403/2024 was registered by Byatarayanapura Police Station, Bengaluru City, initially for the offences punishable under Sections 10, 12 and 9(m) of the POCSO Act, 2012, against the petitioner based on the first - 3 - HC-KAR NC: 2025:KHC:21563 CRL.P No. 5704 of 2025 information dated 27.12.2024 received from respondent No.2, who is the mother of the victim girl, aged about 9 years. During the course of investigation, petitioner was arrested on 27.12.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.2675/2025 was rejected on 01.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that victim girl and her mother have not cooperated for the medical examination of the victim girl. FIR was registered initially registered for the offences punishable under Sections 10, 12 and 9(m) of the POCSO Act, 2012. Without therebeing any basis, the offences punishable under Sections 4 and 6 of the POCSO Act, 2012, have now been invoked in the present case. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the prayer made in the petition. - 4 - HC-KAR NC: 2025:KHC:21563 CRL.P No. 5704 of 2025 6. FIR in the present case was registered against the petitioner only for the offences punishable under Sections 10, 12 and 9(m) of the POCSO Act, 2012. In the first information, it is alleged that on 15.12.2024, petitioner had hugged the minor victim girl and had touched her inappropriately. It is further alleged that on 27.12.2024 when the petitioner once again came near the house of the first informant, victim girl allegedly identified him and thereafter, first information was submitted on 27.12.2024 in respect of the alleged incident that had taken place on 15.12.2024. Petitioner was arrested in the present case on 27.12.2024 and on the same day, he was remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. 7. It is not in dispute that the victim girl and her mother have not cooperated for the medical examination of the victim girl in the present case. In the first information, there is no such allegation which would attract the offences punishable under Sections 4 and 6 of the POCSO Act, 2012, in the present case. Even in the statement of the victim girl recorded under Section 183 of BNSS, 2023, by the learned Magistrate, there is - 5 - HC-KAR NC: 2025:KHC:21563 CRL.P No. 5704 of 2025 no such statement made by the victim girl to attract the offences punishable under Sections 4 and 6 of the POCSO Act, 2012. Undisputedly, petitioner has no other criminal antecedents. He is aged about 55 years and is in custody from 27.12.2024. 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:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.319/2025 pending before the Court of Addl. City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out Crime No.403/2024 registered by Byatarayanapura Police Station, Bengaluru City, for the offences punishable under Sections 3(b), 4, 5(m) and 6 of the Protection of Children from Sexual Offences Act, 2012, 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; - 6 - HC-KAR NC: 2025:KHC:21563 CRL.P No. 5704 of 2025 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