- 1 - HC-KAR NC: 2025:KHC:23866 CRL.P No. 5859 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5859 OF 2025 BETWEEN: 1. MR. RANGANATHA. H. R. S/O. RAMANAIK, AGED ABOUT 52 YEARS, R/O. KASHIPURA, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. K V SATEESHCHANDRA., ADVOCATE) AND: 1. STATE BY INSPECTOR OF POLICE SHIRALKOPPA POLICE STATION, SHIKARIPURA TALUK, SHIVAMOGGA 577428 REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BANGALORE-560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R1, NOTICE TO R2 HELD SUFFICIENT V/O DTD:26.6.2025) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23866 CRL.P No. 5859 of 2025 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.69/2025 (CRIME NO.269/2024) OF SHIRALAKOPPA POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 65(1), 68(B), 69, 87, 75, 76, 351(2) OF THE BHARATIYA NYAYA SANHITA, 2023 (BNS) AND OFFENCES PUNISHABLE UNDER SECTIONS 6, 8 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT, 2013 (POCSO), ON THE FILE OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT SHIVAMOGGA AND ALLOW THE PETITION. 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 in Spl.C. No.69/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I (POCSO), Shivamogga, arising out of Crime No.269/2024 registered by the Shiralakoppa Police Station, for the offences punishable under Sections 65(1), 68(b), 69, 87, 75, 76, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 6, 8 and 12 - 3 - HC-KAR NC: 2025:KHC:23866 CRL.P No. 5859 of 2025 of Protection of Children From Sexual Offences Act, 2013 (POCSO) is before this Court under Section under Section 483 BNNS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State. 3. Respondent No.2 though served with notice has remained unrepresented before this Court. 4. First information report in the present case was registered by the Shiralakoppa Police Station in Crime No.269/2024 initially for the offences punishable under Sections 75, 76, 87, 351(2) of BNS, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, based on the complaint dated 24.12.2024 lodged by one Bhaskar who was working as a Manager of a lodge within the jurisdiction of Shilarakoppa Police Station. In the FIR, it is mentioned that the petitioner had brought the victim girl along with him and checked into room No.111 of the lodge wherein the first informant was working. Subsequently, the first informant heard some sound from the room and when he - 4 - HC-KAR NC: 2025:KHC:23866 CRL.P No. 5859 of 2025 knocked the door of the room, the victim girl who was along with the petitioner complained to him that the petitioner, by misleading her had induced her to accompany him and inside the room he misbehaved with her and attempted to sexually assault her. In this back drop, the FIR was registered against the petitioner in Crime No.269/2024. Thereafter the statement of the victim was also recorded on 25.12.2024. The petitioner herein was arrested on 24.12.2024 and since then he is in judicial custody. 5. Statement of the victim was recorded under Section 183 of BNNS, 2023, before the jurisdictional Magistrate on 5.2.2025. In the said statement, the victim girl has stated that on 24.12.2024, she had met the petitioner in a bus and he allegedly induced her to accompany him stating that he would provide her S.S.L.C question papers and thereafter he had taken her to a lodge and after checking into a room, he allegedly tried to misbehave with her and also removed her clothes, at that time she started shouting. The Manager of the lodge knocked the door of the room and the petitioner allegedly opened the room and thereafter the Manager rescued the - 5 - HC-KAR NC: 2025:KHC:23866 CRL.P No. 5859 of 2025 victim girl. She had not made any allegation in the statement recorded under Section 183 of BNNS about the petitioner committing any act of Penetrative Sexual Assault on her. However, the Police based on the statement of the victim girl recorded under Section 161 Cr.P.C., have invoked offence punishable under Section 6 of POCSO against the petitioner. 6. Medical examination of the victim girl goes to show that she had no injuries on her private parts and her hymen was intact. The petitioner is aged about 52 years having no criminal antecedents and is in judicial custody since the date of the arrest. The trial in the case is yet to commence. Under these circumstances, I am of the opinion that, the petitioner has made out case for grant of regular bail. Accordingly, the following – ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.269/2024 registered by the Shiralakkoppa Police Station, for the aforesaid offences, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:23866 CRL.P No. 5859 of 2025 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 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 HR