- 1 - HC-KAR NC: 2025:KHC:19084 CRL.P No. 6916 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. 6916 OF 2025 BETWEEN: MAHESH K.B S/O BYREGOWDA M AGED ABOUT 28 YEARS R/O. KALKERE VILLAGE BELAMARANAHALLI POST NARASAPURA HOBLI KOLAR TALUK AND DISTRICT PIN - 563 101. …PETITIONER (BY SRI N.R. KRISHNAPPA, ADV.) AND: 1. STATE OF KARNATAKA BY AMRUTHAHALLI POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU -560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI M.E. CHANNA BASAVARAJA, ADV., FOR R-2) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT HIM ANTICIPATORY BAIL IN CRIME NO. 90/2025 REGISTERED BY RESPONDENT AMRUTHAHALLI POLICE FOR THE O/P/U/S/ 7 AND 8 OF POCSO ACT BY IMPOSING ANY CONDITIONS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19084 CRL.P No. 6916 of 2025 PENDING BEFORE FTSC-1 ADDL.CITY CIVIL AND SESSION JUDGE BENGALURU. 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 Crime No.90/2025 registered by Amruthahally Police Station, Bengaluru City, for the offences punishable under Sections 7 & 8 of the POCSO Act, 2012, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Though the matter is called twice, there is no representation on behalf of respondent no.2. 3. FIR in Crime No.90/2025 was registered by Amruthahally Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information submitted by respondent no.2 who is the grandfather of the victim girl aged about 13 years. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.3273/2025 before the - 3 - HC-KAR NC: 2025:KHC:19084 CRL.P No. 6916 of 2025 jurisdictional Sessions Court, which was rejected on 02.05.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that petitioner has no criminal antecedents and for extraneous reasons, respondent no.2 - grandfather of the victim girl has submitted a false complaint. Petitioner is ready and willing to co-operate with the police for the purpose of investigation. The maximum punishment for the alleged offences is imprisonment for a period of five years. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Perusal of the averments in the first information would go to show that the daughter of the first informant allegedly had illicit relationship with the petitioner after her marriage. It appears that her husband had therefore deserted her and she was residing separately. Petitioner allegedly was visiting the said house. The allegation in the first information now submitted by the first informant is that on 27.03.2025 he received a phone call from his granddaughter asking the phone number of her brother and subsequently when the first - 4 - HC-KAR NC: 2025:KHC:19084 CRL.P No. 6916 of 2025 informant went near her house and inquired with her, she allegedly informed him that the petitioner had come near their house on the said date at about 10.30 a.m. and after asking her to give him a kiss, he allegedly had touched her private parts. 7. Though the alleged incident had taken place on 27.03.2025 itself, first information has been belated filed on 15.04.2025. Undisputedly, petitioner has no criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of five years. 8. Considering the nature of allegations found in the first information, custodial interrogation of the petitioner may not be prima facie required. Even otherwise, the Investigation Officer is always at liberty to file necessary application before the Trial Court seeking custody of the petitioner for the purpose of interrogation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: - 5 - HC-KAR NC: 2025:KHC:19084 CRL.P No. 6916 of 2025 9. Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.90/2025 registered by Amruthahally Police Station, Bengaluru City, for the offences punishable under Sections 7 & 8 of the POCSO Act, 2012, is before this Court under Section 482 of BNSS, 2023, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on 13.06.2025, and on the said date, the Investigation Officer is at liberty to take him into custody, if necessary, for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to the petitioner executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for - 6 - HC-KAR NC: 2025:KHC:19084 CRL.P No. 6916 of 2025 investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK