- 1 - HC-KAR NC: 2025:KHC:23407 CRL.P No. 7665 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7665 OF 2025 BETWEEN: AAKKER ALI SEKH @ AAKKER ALI SEKH S/O BADAL S.K AGED ABOUT 40 YEARS PRASENTLY R/AT SHED HOUSE NEAR KARUMARIYAMMA TEMPLE 7TH CROSS, SOMASANDRAPALYA HSR 2ND STAGE, HSR POST BENGALURU - 560 102 PERMANENT R/AT MOUGRAM CHAR SUJAPUR, KATWA BARDDHAMAN BURDWAN, WEST BENGAL - 713 130. …PETITIONER (BY SRI GIRISH R, ADV.) AND: 1. STATE OF KARNATAKA BY BANDEPALYA P.S NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; V/O DTD:27.06.2025 NOTICE TO R-2 IS H/S) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT BANDEPALYA POLICE TO RELEASE THE PETITIONER IN CR.NO.23/2025 BANDEPALYA P.S., IN SPL.C.NO.946/2025 PENDING ON THE FILE OF THE HONBLE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23407 CRL.P No. 7665 of 2025 ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (FTSC-III), BENGALURU CITY FOR THE ALLEGED OFFENCE P/U/S 4(2), 5(m), 5(p), 6 OF POCSO ACT, 2012 AND SEC. 64(2)(f), 65(2) OF BNS, 2023. 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 Special Case No.946/2025 pending before the Court of Addl. City Civil and Sessions Judge (FTSC-III), Bengaluru City, arising out of Crime No.23/2025 registered by Bandepalya Police Station, Bengaluru City, for the offences punishable under Sections 64(2)(f) and 65(2) of BNS, 2023 and Sections 4(2), 5(m), 5(p) and 6 of the POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the 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.23/2025 was registered by Bandepalya Police Station, Bengaluru City, for the aforesaid offences - 3 - HC-KAR NC: 2025:KHC:23407 CRL.P No. 7665 of 2025 against petitioner herein based on the first information dated 28.02.2025 received from the mother of the victim girl, aged about 9 years. During the course of investigation of the case, petitioner herein was arrested on 01.03.2025 and subsequently, remanded to judicial custody. After completion of investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by him before the Trial Court in Crl.Misc.No.2229/2025 was rejected on 06.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned HCGP has seriously opposed the petition. She submits that victim is aged about 9 years and medical reports of the victim girl clearly supports the allegations found in the charge sheet. Accordingly, she prays to dismiss the petition. 6. In the first information submitted by the mother of the victim girl aged about 9 years, she has stated that she hails from West Bengal, has two children and she is living in - 4 - HC-KAR NC: 2025:KHC:23407 CRL.P No. 7665 of 2025 Bengaluru along with her children. Her son is aged about 10 years and daughter is aged about 9 years. On 28.02.2025, she returned home from her work place and when she reached near her home at about 08.30 a.m., she heard her daughter crying and when she opened the door of her house, she saw the petitioner, who had undressed himself committing sexual assault on her minor daughter. After seeing the first informant, petitioner allegedly ran away from the house. Immediately thereafter, first informant had contacted her relatives over phone and thereafter approached the police on 28.02.2025 itself. 7. The victim girl was medically examined in a Hospital on 01.03.2025 and the medical reports of the victim girl makes out a prima facie case against the accused. The Doctor, who has issued the medical report of the victim has stated that there are signs suggestive of recent forceful penetration of vagina. The victim girl in her statement recorded by the police has supported the case of the prosecution and the allegation made by her against petitioner would clearly attract the charge sheeted offences against him. Petitioner, who also hails from - 5 - HC-KAR NC: 2025:KHC:23407 CRL.P No. 7665 of 2025 West Bengal, taking advantage of his acquaintance with the victim girl, has committed the heinous offences and in the event, he is enlarged on bail, chances of he tampering with the material witnesses cannot be ruled out. Since the petitioner hails from West Bengal, it would be difficult to secure his presence before the Trial Court during the course of trial. Under the circumstances, I am of the opinion that this is not a fit case where accused is required to be enlarged on bail. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN