- 1 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8500 OF 2025 BETWEEN: SRI MOHAMMAD REHAN, S/O. MOHAMMAD IRFAN, AGED ABOUT 20 YEARS, RESIDING AT AZAD NAGARA, 3RD CROSS, ACHARYA COLLEGE, GOWRIBIDANUR TOWN, CHIKKABALLAPURA-561 208. …PETITIONER (BY SRI RAJESH A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHESHADRIPURAM POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. XXX XXX …RESPONDENTS (BY SMT. RASHMI PATEL, H.C.G.P. FOR R-1; NOTICE TO R-2 HELD SUFFICIENT VIDE ORDER DATED 7-7-2025) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE ACCUSED ON REGULAR BAIL IN SPL.C.NO.853 OF 2025 Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 of 2025 CONNECTED WITH CR.NO.7 OF 2025 OF THE SHESHADRIPURAM POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 5(L), 4(2) OF POCSO ACT, 2012 AND SECTIONS 87, 64(2) OF BNS, 2023. THIS CRIMINAL 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 Special Case No. 853/2025 pending before the Court of IV Additional District and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.7/2025 registered by Seshadripuram Police Station, Bengaluru City, for offences punishable under Sections 87, 64(2) of BNS, 2023 and Sections 5(L), 4(2) of the Protection of Children from sexual Offences Act, 2012 (for short '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 learned High Court Government Pleader for respondent - 3 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 of 2025 No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. F.I.R. in Crime No.7/2025 was registered by Seshadripuram Police Station, Bengaluru City, initially for the offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein, based on the first information dated 22.01.2025 received from respondent No.2, who is the mother of the victim girl aged about 14 years. 4. During the course of investigation of the case, the petitioner and the victim girl were traced and petitioner was arrested on 30.01.2025. The petitioner was subsequently produced before the Jurisdictional Court and remanded to judicial custody. After completing investigation, charge sheet has been filed. Bail application filed by the petitioner before the trial Court in Crl.Misc.No.4509/2025 was rejected on 12.06.2025. Therefore, petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 of 2025 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the victim girl has been examined before the trial Court as PW.1. She had not made any allegation against the petitioner about sexual assault on her in her statement recorded under Section 183 of BNSS, 2023. Petitioner aged about 20 years having no criminal antecedents is in judicial custody for the last more than five months. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that the victim girl is a minor and therefore, the alleged offences get attracted against the petitioner. Accordingly, he prays to dismiss this petition. 7. FIR in the present case was registered against the petitioner initially for offence punishable under Section 137(2) of the BNS, 2023, based on the first information submitted by the mother of the victim girl. In the first information, it is stated that victim girl was found missing - 5 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 of 2025 from her house on 20.01.2025 and efforts made to trace her had failed. The first informant suspected the hand of the petitioner and therefore, FIR was initially registered against the petitioner for offence punishable under section 137(2) of BNS, 2023. 8. During the course of investigation, the petitioner and victim girl were traced together and the petitioner was arrested on 30.01.2025 and was subsequently remanded to judicial custody. The victim girl was subjected to medical examination and her medical report would go to show that she had no external injury on her body. Her statement was recorded under Section 183 of BNSS, 2023 and in the said statement she has not made any allegation against the petitioner about any kind of sexual assault on her while she stayed with the petitioner. On the other hand, she had stated since she was abused and assaulted in her house, she had left her house on 20.01.2025 and stayed in the house of the - 6 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 of 2025 petitioner. Victim girl has been now completely examined before the trial Court as PW.1. 9. Therefore, as rightly contended by the learned counsel for the petitioner, there cannot be any apprehension that the petitioner may tamper with the material prosecution witness. Petitioner aged 20 years is in custody from 30.01.2025. Continued detention of the petitioner in custody along with other hardcore criminals in prison may have an adverse impact on his future prospects and career. Under these circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No. 853/2025 pending before the Court of IV - 7 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 of 2025 Additional District and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.7/2025 registered by Seshadripuram Police Station, Bengaluru City, for offences punishable under Sections 87, 64(2) of BNS, 2023 and Sections 5(L), 4(2) of the POCSO Act, 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; - 8 - HC-KAR NC: 2025:KHC:24470 CRL.P No. 8500 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 PSJ List No.: 1 Sl No.: 93