- 1 - HC-KAR NC: 2025:KHC:22963 CRL.P No. 7654 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7654 OF 2025 BETWEEN: SRI HANUMANTHARAJU H.K SON OF KRISHNAPPA AGED ABOUT 24 YEARS RESIDING AT HALUGONDANAHALLI VILLAGE, URDIGERE HOBLI TUMAKURU TALUK AND DISTRICT - 572 140, KARNATAKA (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, TUMAKURU) …PETITIONER (BY SRI CHIDAMBHAR SWAROOP T.P, ADV.) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION TUMAKURU, KARNATAKA (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001) 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1 V/O DTD:26.06.2025 NOTICE TO R-2 IS HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C NO.182/2025 ON THE FILE OF ADDL DISTRICT AND SESSION JUDGE, FTSC-I, TUMAKURU FOR O/U/S 6 OF POCSO AND SEC.64, 65(1), 78, 137(2) 351(2) AND 238 OF THE BNS, 2023 AND SECTION 3(2)(v) OF SC AND ST (POA) AMENDMENT ACT, 2015 REGISTERED Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22963 CRL.P No. 7654 of 2025 IN CR.NO.11/2025 BY WOMEN P.S, TUMAKURU BY ALLOWING THIS PETITION IN THE ABOVE CASE. 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.182/2025 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Tumakuru, arising out of Crime No.11/2025 registered by Tumakuru Women Police Station, Tumakuru District for the offences punishable under Sections 64, 65(1), 78, 137(2), 351(2) & 238 of BNS, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of SC & ST (Prevention of Atrocities) Amendment Act, 2015 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:22963 CRL.P No. 7654 of 2025 4. FIR in Crime No.11/2025 was registered by Tumakuru Women Police Station, Tumakuru District against the petitioner herein for the aforesaid offences, on the basis of first information dated 24.01.2025 received from respondent No.2 herein who is the father of the minor victim girl. During the course of investigation, the petitioner was arrested on 03.02.2025 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.544/2025 was dismissed on 03.05.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner submits that investigation of the case is completed and charge sheet has been filed. The victim girl has not cooperated for her medical examination and FSL report does not support the - 4 - HC-KAR NC: 2025:KHC:22963 CRL.P No. 7654 of 2025 case of the prosecution. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 7. Per contra, learned HCGP for respondent No.1 has opposed the petition. She submits that the victim girl is a minor and therefore the alleged offences get attracted against the petitioner. Accordingly, she prays to dismiss the petition. 8. The first informant, who is the father of the minor victim girl had submitted a typed complaint on 24.01.2025 alleging that the petitioner, who hails from their village was following his minor daughter to her school and was pestering her to love him. The first informant had advised the petitioner and in spite of the same, the petitioner had continued to follow his daughter. About 15 days prior to the date of registration of FIR, the petitioner allegedly followed the victim girl and after criminally intimidating her, took her along with him to his house and gave her something to drink. After the victim girl consumed the drink which was given to her, she allegedly - 5 - HC-KAR NC: 2025:KHC:22963 CRL.P No. 7654 of 2025 lost her consciousness and thereafter the petitioner allegedly assaulted her sexually and also recorded her obscene photos and videos in his mobile phone. Two days thereafter he allegedly threatened the victim girl that he would circulate her obscene photos and videos. It is in this background, the first informant had approached the police. The petitioner who has no criminal antecedents is arrested in the present case on 03.02.2025. 9. Perusal of the charge sheet would go to show that, the police have not recovered anything from the mobile phone of the petitioner or from the mobile phone of the victim girl, though an allegation is found that the petitioner had recorded obscene photos and videos of the victim girl, after sexually assaulting her. The victim girl has not cooperated with the doctor for her medical examination, after FIR was registered against the petitioner. The FSL report also does not support the allegation of prosecution against the petitioner. Though the victim girl has made an allegation against the - 6 - HC-KAR NC: 2025:KHC:22963 CRL.P No. 7654 of 2025 petitioner in her statement recorded under Section 183 of BNS, 2023, in the absence of medical records, at this juncture, the prosecution has prima-facie failed to place necessary material with regard to allegation found in the charge sheet. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.182/2025 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Tumakuru, arising out of Crime No.11/2025 registered by Tumakuru Women Police Station, Tumakuru District for the offences punishable under Sections 64, 65(1), 78, 137(2), 351(2) & 238 of BNS, 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of SC - 7 - HC-KAR NC: 2025:KHC:22963 CRL.P No. 7654 of 2025 & ST (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: a) The petitioner shall execute a 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 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 NMS