- 1 - HC-KAR NC: 2025:KHC:21940 CRL.P No. 6444 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6444 OF 2025 BETWEEN: MADEVA S/O AMARESH AGED ABOUT 24 YEARS, RESIDING AT NEAR MARIAMMAGUDI NEAR VIDYANAGARA SCHOOL MANVITALUK, SIRAVARA VILLAGE, RAICHUR, KARNATAKA - 584 129. …PETITIONER (BY SRI. MOHAMMED PASHA C, ADVOCATE) AND: 1. STATE BY KARNATAKA BY VARTHUR POLICE STATION, BENGALURU, REPRESENTED BY SPP, HIGH COURT CAMPUS, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.32/2025 ARISING OUT OF CR.NO.645/2025 FOR THE ALLEGED OFFENCE P/U/S 137(2) AND SEC.64 OF BNS 2023 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21940 CRL.P No. 6444 of 2025 AND SEC.4, 6 OF POCSO ACT 2012 PENDING ON THE FILE OF THE HONBLE FTSC-2 RURAL AT BENGALURU WHEREIN THIS PETITIONER ARRAYED AS ACCUSED. 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.Case.No.32/2025 pending before the Court of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Cr.No.645/2024 registered by Varthur Police Station, Bengaluru, for offences punishable under Sections 137(2), 64 of BNS 2023 and Sections 4 and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act'), is before this Court under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:21940 CRL.P No. 6444 of 2025 3. F.I.R. in Crime No.645/2024 was registered by Varthuru Police Station, Bengaluru, initially for the offences punishable under Section 137(2) of BNS, 2023, against unknown persons, based on the first information dated 23.11.2024 received from respondent No.2, who is the father of the victim girl, who was aged about 17 years and 5 months as on the date of registration of the FIR. 4. During the course of the investigation of the case, the petitioner was arrested on 06.12.2024. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.522/2025 was rejected on 07.04.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that the petitioner is the close relative of the victim girl. After the victim girl was traced, her statement under Section 164 of Cr.P.C. was recorded by the Jurisdictional - 4 - HC-KAR NC: 2025:KHC:21940 CRL.P No. 6444 of 2025 Magistrate in the present case on 09.12.2024. The victim girl has stated that since her parents were making efforts to get her married to some other person, she had telephoned to the petitioner, who is her uncle and asked him to take her along with him. Thereafter, the petitioner came to her place and took her with him, and they stayed together at Doddaballapur for a period of 15 days. She has not made any allegation against the petitioner about he committing any kind of sexual assault on her when she stayed with him before she was traced in this case. The petitioner, aged about 24 years, has no criminal antecedents. Investigation of the case is already completed. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made by the petitioner for a grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:21940 CRL.P No. 6444 of 2025 The petitioner is directed to be enlarged on bail in Spl.Case.No.32/2025 pending before the Court of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Cr.No.645/2024 registered by Varthur Police Station, Bengaluru, for offences punishable under Sections 137(2), 64 of BNS 2023 and Sections 4 and 6 of the POCSO Act, subject to the following conditions: a) The petitioner shall execute 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; - 6 - HC-KAR NC: 2025:KHC:21940 CRL.P No. 6444 of 2025 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 rv List No.: 1 Sl No.: 34 CT: BHK