- 1 - HC-KAR NC: 2025:KHC:24946 CRL.P No. 7675 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.7675 OF 2025 BETWEEN: SRI ANNAPPA @ ANNAPPA SWAMY C. G., S/O LATE GANGAPPA, AGED ABOUT 29 YEARS, R/AT DODDAMANDIGANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT-573217. (NOW IN JUDICIAL CUSTODY, DISTRICT PRISON, TUMAKURU) …PETITIONER (BY SRI CHIDAMBHAR SWAROOP T.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KIBBANAHALLI POLICE STATION, TUMAKURU, KARNATAKA, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001). 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT V/O DATED 30.06.2025) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24946 CRL.P No. 7675 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.No.240/2024 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, TUMAKURU FOR OFFENCES U/S 6, 8 AND 12 OF POCSO AND SECTION 376, 448 AND 506 OF THE IPC REGISTERED IN CRIME No.09/2024 OF KIBBANAHALLI POLICE STATION, TUMAKURU. 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.240/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Tumakuru, arising out of Crime No.9/2024 registered by Kibbanhalli Police Station, Tumakuru, for the offences punishable under Sections 448, 376, 506 of the Indian Penal Code, 1860 (for short 'IPC' for short) and under Sections 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court in this successive bail application filed under Section 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:24946 CRL.P No. 7675 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 is served and has remained unrepresented before this Court. 3. FIR in Crime No.9/2024 was registered by Kibbanhalli Police Station, Tumakuru for the aforesaid offences against the petitioner herein based on the first information dated 11.02.2024 received from the victim girl aged about 17 years. During the course of investigation, petitioner herein was arrested on 12.02.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against the accused persons who are now being tried before the trial Court in Spl.C.No.240/2024. Petitioner's bail application filed before the trial Court in Crl.Misc.No.478/2025 was rejected on 21.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the petitioner and the victim girl were acquainted for a period of nearly two years. The allegation against the petitioner is that he had proposed to the victim girl and though she had rejected his proposal, he was pestering her to love him. She has stated that petitioner had come to her house when she was - 4 - HC-KAR NC: 2025:KHC:24946 CRL.P No. 7675 of 2025 alone and had sexual intercourse with her against her wishes and thereafter had criminally intimidated her stating that her photos and videos will be updated in social media. Petitioner, who has no criminal antecedents, is in custody for the last nearly seventeen months. Before the trial Court, the victim girl has already been examined as PW.1, therefore, there cannot be any apprehension that petitioner may tamper with the material charge sheet witness in the event he is enlarged on bail. Out of the 29 charge sheet witnesses cited in the present case, till date only one charge sheet witness has been examined before the trial Court. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near soon is remote. Under the circumstances, I am of the view that, without expressing any opinion on the merits or demerits of the case, solely on the ground of petitioner's incarceration, his prayer for grant of bail needs to be answered affirmatively. 5. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.9/2024 registered by Kibbanhalli Police Station, - 5 - HC-KAR NC: 2025:KHC:24946 CRL.P No. 7675 of 2025 Tumakuru, for the offences punishable under Sections 448, 376, 506 of IPC and under Sections 6, 8 and 12 of POCSO Act, subject to the following conditions: (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties (which includes one local surety) 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; (e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said - 6 - HC-KAR NC: 2025:KHC:24946 CRL.P No. 7675 of 2025 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 52