- 1 - HC-KAR NC: 2025:KHC:24092 CRL.P No. 7406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7406 OF 2025 BETWEEN: 1. PRASHANTH BIRADAR S/O BASAVARAJU, AGED ABOUT 38 YEARS, R/O. MARASANDRA, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU NORTH, KARNATAKA - 561 101. …PETITIONER (BY SRI. KULKARNI SHRINATH.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJANKUNTE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. 2. SMT. RUTH HART D/O. ALFRED HART AGED ABOUT 50 YEARS R/O. G1, 603, PWC APARTMENT, MARASANDRA VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, Digitally signed by DHAKSHAYINI R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24092 CRL.P No. 7406 of 2025 BENGALURU NORTH, KARNATAKA - 561101. …RESPONDENTS (BY SRI. RANGASWAMY.R., HCGP FOR R1; R2-SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) TO ENLARGE THE ABOVE PETITIONER / ACCUSED NO.1, ON BAIL FOR THE ALLEGED OFFENCES P/U/S 12 AND 8 OF POCSO ACT, 2012 AND SEC. 351(2) OF BNS, REGISTERED RESPONDENT NO.1 / RAJANAKUNTE P.S. IN CR.NO.125/2025 DATED 25.04.2025 NOW PENDING AS SPL.C.NO.342/2025, ON THE FILE OF THE COURT OF THE ADDL. DISTRICT AND SESSIONS JUDGE, (FTSC-1) BENGALURU RURAL DISTRICT AT 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 Accused in Spl.C.No.342/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.125/2025 registered by Rajanukunte Police Station, Bengaluru District, for offences punishable under Sections - 3 - HC-KAR NC: 2025:KHC:24092 CRL.P No. 7406 of 2025 12 and 8 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Section 351 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the petitioner 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.125/2025 was registered by Rajanukunte Police Station, Bengaluru District, initially for offences punishable under Section 8 and 12 of the POCSO Act against the petitioner herein, based on the first information of respondent No.2 who is the mother of one of the victim girls in the present case. During the course of the investigation, the petitioner herein was arrested on 25.04.2025 and subsequently remanded to judicial custody. - 4 - HC-KAR NC: 2025:KHC:24092 CRL.P No. 7406 of 2025 4. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.832/2025 was rejected on 13.05.2025 Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody from 25.04.2025. Investigation is completed and chargesheet is already filed. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that victim girls are aged about 11 years and the petitioner is aged 38 years. Considering the act committed by him, the bail application needs to be rejected. Accordingly, he prays to dismiss this petition. 7. The allegation against the petitioner in the FIR as well as in the charge sheet is that when the victim girls were playing in the playground, he allegedly caught hold of them and touched them inappropriately. The petitioner - 5 - HC-KAR NC: 2025:KHC:24092 CRL.P No. 7406 of 2025 is aged about 38 years and he is in custody from 25.04.2025. Investigation is completed and charge sheet is filed against the petitioner for the aforesaid offences. The maximum punishment for the aforesaid offences is imprisonment for a period of five years. 8. The allegation found in the charge sheet are required to be proved against the petitioner in a full fledged trial. It is trite that accused persons cannot be detained in custody as a punitive/preventive measure. Considering the fact that investigation has been already completed in the present case, I am of the view that petitioner's custody is no more required. Under the circumstances, I am of the opinion that prayer made by the petitioners for grant of regular bail needs to be answered in affirmatively, subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:24092 CRL.P No. 7406 of 2025 The petitioner is directed to be enlarged on bail in Spl.C.No.342/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.125/2025 registered by Rajanukunte Police Station, Bengaluru District, for offences punishable under Sections 12 and 8 of the POCSO Act and Section 351 (2) of the BNSS, 2023 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; d) The petitioner shall not involve in similar offences in future; - 7 - HC-KAR NC: 2025:KHC:24092 CRL.P No. 7406 of 2025 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 RKA List No.: 1 Sl No.: 69