- 1 - HC-KAR NC: 2025:KHC:19097 CRL.P No. 6349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6349 OF 2025 BETWEEN: SRI SRIKANTA S/OMANJUNATH M AGED ABOUT 27 YEARS RESIDING AT NEAR MUNESHWARA TEMPLE, HULIMANGALA VILLAGE JIGANI HOBLI, ANEKAL TALUK BANGALORE RURAL DISTRICT - 562 106. …PETITIONER (BY SRI MOYEENULLA ABBASI, ADV.) AND: 1. STATE OF KARNATAKA BY HEBBAGODI POLICE STATION BY SPP HIGH COURT BUILDING BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI NAVEEN KUMAR P, ADV. FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CR.NO.690/2024 OF SPECIAL.C.NO.43/2025 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSINS JUDGE (FTSC-1), BENGALURU RURAL DISTRICT AT BENGALURU, FOR THE OFFENCES P/U/S. 115(2), 75, 3(5), OF BNS 2023 ACT R/W SEC.12 AND 8 OF PROTECTION OF CHILDREN AGAINST SEXUAL OFFENCES ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19097 CRL.P No. 6349 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.C.No.43/2025 pending before the Court of Additional District and Sessions Judge FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.690/2024 registered by Hebbagodi Police Station, Bengaluru, for offences punishable under Sections 115(2) and 75 R/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.690/2024 was registered by Hebbagodi Police Station, Bengaluru, against Sreekanta - 3 - HC-KAR NC: 2025:KHC:19097 CRL.P No. 6349 of 2025 and another for the aforesaid offences, on the basis of the first information dated 16.11.2024 received from respondent No.2, who is the mother of the victim girl aged about 15 years. 4. During the course of investigation of the case, petitioner was arrested on 18.11.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner in Spl.C.No.43/2025 before the Jurisdictional Sessions Court was rejected on 07.04.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that maximum punishment for the alleged offences is imprisonment for a period of five years. Accused No.2, who was arrested along with the petitioner was granted regular bail by this Court in Crl.P.No.3848/2025. The petitioner has no criminal antecedents. - 4 - HC-KAR NC: 2025:KHC:19097 CRL.P No. 6349 of 2025 6. Per contra, learned HCGP has opposed the petition on the ground that in the event the petitioner is enlarged on bail he is likely to tamper with the prosecution witnesses. 7. The allegation in the charge sheet, which is filed against accused Nos.1 and 2 is that on the alleged date of incident, they had caught hold of the victim girl, who is the daughter of first informant and accused No.1 allegedly had touched her inappropriately, while accused No.2 had closed the mouth of victim girl with his hands. When the victim girl had raised a cry, the accused persons allegedly ran away from the spot. 8. Investigation of the case is completed and the charge sheet has been filed. Undisputedly, the petitioner has no criminal antecedents and he was arrested along with accused No.2 on 20.11.2024. The maximum punishment for the aforesaid offences is imprisonment for a period of five years. Accused No.2 has been granted - 5 - HC-KAR NC: 2025:KHC:19097 CRL.P No. 6349 of 2025 regular bail by this Court in Crl.P.No.3848/2025, which was disposed of on 16.04.2025. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.43/2025 pending before the Court of Additional District and Sessions Judge - FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.690/2024 registered by Hebbagodi Police Station, Bengaluru, for offences punishable under Sections 115(2) and 75 R/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The 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; - 6 - HC-KAR NC: 2025:KHC:19097 CRL.P No. 6349 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 NMS