- 1 - NC: 2025:KHC:7301 CRL.P No. 13129 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13129 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. MANJAPPA, SON OF SANNAPPA, AGED ABOUT 62 YEARS, R/AT NANDIHOSALLI, LINGADAHALLI HOBLI, TARIKERE TALUK. CHIKKAMAGALUR DISTRICT - 577 129. …PETITIONER (BY SRI. SURESH N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SHO LINAGADAHALLI POLICE STATION, CHIKKAMAGALUR - 577 129, REPRESENTED BY S.P.P., HIGH COURT, BANGALORE - 01. 2. VICTIM D/O. GOWTHAM N.B, AGED ABOUT 5 YEARS, SINCE MINOR, REPRESENTED BY HER FATHER AS HER LEGAL GUARDIAN SRI. GOWTHAM N.B, R/AT NANDIHOSALLI, LINGADAHALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALURU - 577 129. …RESPONDENTS (BY SRI. RANGASWAMY, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7301 CRL.P No. 13129 of 2024 THIS CRL.P FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE HONBLE ADDITIONAL DISTRICT AND SESSION JUDGE, FTSC-1, AT CHIKKAMAGALURU TO RELEASE PETITIONER ON BAIL IN SPL.C.(P)NO.57/2024 IN CR.NO.41/2024 OF LINGADAHALLI P.S., FOR THE OFFENCES U/S 366, 342, 323, 376(AB) OF IPC, SEC.6 OF POCSO ACT, 2012. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is the sole accused in Spl.C.(P) No.57/2024 pending on the file of the Court of the Additional District and Sessions Judge, FTSC-1, Chickamagaluru. 2. This petition is preferred under Section 439 of Cr.P.C praying to enlarge the petitioner on bail. - 3 - NC: 2025:KHC:7301 CRL.P No. 13129 of 2024 3. Charge-sheet is filed against the petitioner for offences punishable under Section 366, 342, 323, 376AB of IPC and under Section 6 of POCSO Act, 2012. 4. In brief, the case of prosecution is that, On 01.06.2024 at about 8.45 p.m., when the victim aged about 4 years 8 months was watching the Cell phone in the house of her neighbour-Sharadamma, accused who is also her neighbor, aged 62 years, lured her and under the pretext of giving biscuits and ice cream, kidnapped her to his house, wrongfully confined and committed aggravated sexual assault upon the victim. 5. Learned counsel for the petitioner has contended as under: 6. The petitioner is innocent of the offence alleged and he has been falsely implicated in the case. There are inconsistencies in the statement and complainant's evidence. Complainant has admitted that he owed a sum of Rs.25,000/- to the accused and his family. Hence, in view of the pre-existing financial transaction, the - 4 - NC: 2025:KHC:7301 CRL.P No. 13129 of 2024 petitioner has been falsely implicated. The complaint does not indicate any penetration, however, in the subsequent statement such allegations are made. The medical report is inconclusive and there is no corroboration to the victim's statement. 7. The learned counsel further contended that the petitioner is aged about 62 years. He is a senior citizen, suffering from chronic pancreatitis. Prior to the alleged incident, he has taken treatment and undergone surgeries. He needs constant medical intervention and his further detention will cause great hardship and inconvenience to him and his family. 8. Learned counsel submits that the petitioner is ready and willing to abide by any conditions and accordingly, seeks to allow the petition. 9. Learned High Court Government Pleader on the other-hand has opposed the prayer for bail, contending that the victim is aged only about 4 years 8 months. She has given statement under Section 164 of Cr.P.C. Her - 5 - NC: 2025:KHC:7301 CRL.P No. 13129 of 2024 evidence is recorded and she has supported the prosecution. He contended that the trial is at the fag end and if at this stage the petitioner is enlarged on bail, he may try to flee from justice. Accordingly, sought to dismiss the petition. 10. Perused the complaint averments, further statement of the complainant as well as statement of victim recorded under Section 164 of Cr.P.C. In view of the statement of the victim, it cannot be said at this stage that petitioner is innocent or there is no prima-facie case against him. The victim was aged only 4 years 8 months at the time of incident. The contention of the learned counsel for petitioner that in view of the pre-existing financial transaction, he has been falsely implicated in this case etc., cannot be accepted. Admittedly, trial in at the fag end. 11. Learned High Court Government Pleader has submitted that the case is posted for final argument before the Trial Court. Hence, considering the heinous nature of - 6 - NC: 2025:KHC:7301 CRL.P No. 13129 of 2024 the offence committed, this is not a fit case to enlarge the petitioner on bail. 12. The jail authority is directed to give necessary treatment to the petitioner, whenever need arises. The petition is dismissed. Observations made in this order shall not influence the trial of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE KBM List No.: 1 Sl No.: 33 CT: BHK