- 1 - HC-KAR NC: 2025:KHC:24943 CRL.P No. 7089 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7089 OF 2025 BETWEEN: 1. NIHAL KUMAR S/O GAN SHYAM KEWAT AGED ABOUT 19 YEARS 2. VIKASKUMAR S/O PRABHUTATI, AGED ABOUT 22 YEARS, 3. SHIVAMKUMAR @ SIBAMKUMAR S/O SUKHADEV KEWAT, AGED ABOUT 22 YEARS, BOTH PETITIONER NO.1 AND 2 PERMANENT RESIDING AT RAJOULI VILLAGE, APEES POST, SHEKHPUR TALUK AND DISTRICT, BIHAR STATE. PRESENTLY RESIDING AT HONNUDIKE CHOULTRY, GULUR HOBLI, TUMKUR TALUK-572122 …PETITIONERS (BY SRI SATHEESH T V, ADVOCATE) AND: 1. STATE BY WOMEN POLICE TUMKUR REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001 Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24943 CRL.P No. 7089 of 2025 2. XXXXXXX …RESPONDENTS (BY SMT.WAHEEDA.M.M, HCGP FOR R1; R2 HELD SUFFICIENT) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL WHO IS ACCUSED NO.1 TO 3 IN SPL.CC.NO.63/2025, FOR THE OFFENCES P/U/S 137(2), 127(2), 3(5) OF BNS, 2023, U/S 8,12,4,18 OF POCSO ACT, ON THE FILE OF LEARNED ADDL. DISTRICT AND SESSION JUDGE, FTSC-1, TUMKUR. 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 Nos.1 to 3 in Spl.C.C. No.63/2025 pending before the Court of Additional District and Sessions Judge and FTSC-I, Tumkuru, arising out of Crime No.5/2025 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 137(2), 127(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and under Sections 4, 8, 12 and 18 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), are before this Court in this successive bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS 2023') seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:24943 CRL.P No. 7089 of 2025 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.5/2025 was registered by Tumakuru Women Police Station, Tumakuru for the aforesaid offences against the petitioners and another based on the first information dated 14.01.2025 received from respondent No.2 who is the mother of the victim girl aged about 15 years. During the course of investigation, petitioners herein were arrested on 14.01.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioners for the aforesaid offences. Their bail application filed before the trial Court in Crl.Misc.No.388/2025 was rejected on 27.03.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that in respect of the alleged incident that had taken place on 14.12.2024 belatedly first information is submitted on 14.01.2025 which is after a period of one month from the date - 4 - HC-KAR NC: 2025:KHC:24943 CRL.P No. 7089 of 2025 of alleged incident. Petitioners herein, who have no criminal antecedents, were arrested on 15.01.2025 and since then, they are in custody. Investigation of the case is completed and charge sheet has been filed. Victim girl was produced before the Doctor for Medical Examination and in the Medical Examination Report of the victim girl, it is stated that no injuries were found on the body of the victim girl and her private parts were all normal. The statement by the victim girl under Section 183 of BNSS, 2023 was recorded by the jurisdictional Magistrate on 21.01.2025. Victim girl has stated that when she was on her way to a shop for the purpose of purchasing biscuits, two boys took her to a Choultry and inside the Choultry, totally there were four boys who tried to inappropriately touch her chest and also made an attempt to sexually assault her. She has stated that they pinched her cheeks and at that time, her mother called her and therefore, the said boys ran away from the spot. She has not made any allegation against the accused persons about they committing any kind of penetrative sexual assault on her. - 5 - HC-KAR NC: 2025:KHC:24943 CRL.P No. 7089 of 2025 5. Under the circumstances, without expressing any opinion on the merits or demerits of the case, their prayer for grant of bail needs to be answered affirmatively. 6. Accordingly, the following; (i) The petition is allowed. (ii) The petitioners are directed to be enlarged on bail in Crime No.5/2025 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 137(2), 127(2) read with Section 3(5) of BNS, 2023 and under Sections 4, 8, 12 and 18 of POCSO Act, subject to the following conditions: (a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum, to the satisfaction of the jurisdictional Court; (b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; - 6 - HC-KAR NC: 2025:KHC:24943 CRL.P No. 7089 of 2025 (c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioners shall not involve in similar offences in future; (e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 46