- 1 - HC-KAR NC: 2025:KHC:21582 CRL.P No. 5877 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. 5877 OF 2025 BETWEEN: GANESH @ GANAPATI S/O SHIVAPPA AGED ABOUT 32 YEARS R/AT TALLURU VILLAGE SORAB TALUK, SHIVAMOGGA - 577 429. …PETITIONER (BY SRI K. DIWAKARA, SR. COUNSEL) AND: 1. STATE OF KARNATAKA BY ANAVATTI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R-1; SMT. KRUTHI B, ADV. FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.92/2024 IN SPL.C.NO.285/2024 REGISTERED BY ANAVATTI POLICE STATION, PENDING ON THE FILE OF HONBLE ADDL. DISTRICT AND SESSION JUGE, FTSC-1 (POCSO) SHIVAMOGGA FOR THE OFFENCE P/U/S 376(2)(f), 376(2)(n), 448, 506 OF IPC R/W SEC. 6 OF THE POCSO ACT, 2012. Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21582 CRL.P No. 5877 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 Accused in Spl.C.No.285/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1(POCSO), Shivamogga, arising out of Crime No.92/2024 registered by Anavatti Police Station, Shivamogga District, for the offences punishable under Sections 376(2)(f), 376(2)(n), 448 & 506 of IPC and Section 6 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.92/2024 was registered by Anavatti Police Station, Shivamogga District against the petitioner herein for the aforesaid offences, on the basis of first information dated 08.06.2024 received from the victim girl, aged about 17 years. During the course of investigation, the petitioner was arrested on 09.06.2024 - 3 - HC-KAR NC: 2025:KHC:21582 CRL.P No. 5877 of 2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. 4. The bail application filed by the petitioner before the Sessions Court in Spl.C.No.285/2025 was dismissed on 21.03.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is in custody for the last more than one year. The victim girl, who has been examined in the present case as PW2 has turned hostile to the case of the prosecution. The mother and aunt of the victim girl are already examined as PW1 and PW3 respectively. Since the material charge sheet witnesses are already examined there cannot be any apprehension that the petitioner is likely to tamper with the material prosecution witnesses. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP for respondent No.1 and learned counsel appearing for respondent No.2 - 4 - HC-KAR NC: 2025:KHC:21582 CRL.P No. 5877 of 2025 have opposed the petition. Learned Add. SPP submits that DNA test report of the fetus is yet to be received. Accordingly, she prays to dismiss the petition. 7. FIR in the present case is registered against the petitioner, on the basis of first information submitted by the victim girl, aged about 17 years. During the course of investigation, the petitioner was arrested on 09.06.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. In the charge sheet, it is stated that, the victim girl was studying in a hostel and studying in II year PUC. On 10.02.2024, CW.2, who is the mother of the victim girl had asked the petitioner, who is her brother to bring the victim girl, who was suffering from fever, from the hostel, to their house. The petitioner allegedly took the victim girl to his house and had forcible intercourse with her against her wishes and threatened her with dire consequences. Thereafter, in the month of March, the petitioner had once - 5 - HC-KAR NC: 2025:KHC:21582 CRL.P No. 5877 of 2025 again repeated the said act of his and as a result CW.1, victim girl had become pregnant. It is under this circumstance, on 08.06.2024, the victim girl had approached the police. It is alleged that, subsequently on 08.07.2024, the victim girl had suffered a abortion. 8. Before the Trial Court, the victim girl has been examined as PW.2, her mother been examined as PW.1 and younger sister of PW.1 has been examined as PW.3. The submission made by learned Senior Counsel appearing for the petitioner that the victim girl, PW.2 has not supported the case of the prosecution and she has been treated as hostile witness has not been seriously disputed by learned counsel appearing for the respondents. Since the material charge sheet witnesses have been already examined there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. Out of the 30 charge sheet witnesses cited in the present case, till date only three of them have been - 6 - HC-KAR NC: 2025:KHC:21582 CRL.P No. 5877 of 2025 examined. The petitioner is in custody for the last more than one year. 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. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.285/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1(POCSO), Shivamogga, arising out of Crime No.92/2024 registered by Anavatti Police Station, Shivamogga District, for the offences punishable under Sections 376(2)(f), 376(2)(n), 448 & 506 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:21582 CRL.P No. 5877 of 2025 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