- 1 - NC: 2025:KHC:10390 CRL.P No. 12950 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12950 OF 2024 BETWEEN: MR. NAVEEN KUMAR @ NAVEEN S/O. HANUMANTHARAJU, AGED ABOUT 23 YEARS, RESIDING AT INDIRA COLONY, CHIKKAGOLLARAHATTI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BANGALORE DISTRICT-560091 (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI.SAMPATH KUMAR D S, ADVOCATE) AND: 1. THE STATE BY MADANAYAKANAHALLY POLICE STATION BENGALURU CITY, REPRESENTED BY SPP HIGH COURT BUILDING, BANGALORE-560 001. 2. XXX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.454/2024 FILED BY MADANAYAKANAHALLY POLICE STATION AND WHICH IS PENDING IN SPL.C.NO.585/2024 PENDING BEFORE THE COURT OF THE FAST TRACK SPL. COURT-II, BANGALORE RURAL, FOR OFFENCE P/U/S 376(2)(f), 376(i)(n) OF IPC, 1860 AND SEC. 4, 6, 8 AND 12 OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10390 CRL.P No. 12950 of 2024 POCSO ACT, 2012 AND PASS SUCH OTHER ORDER/S IN THE CIRCUMSTANCES OF THE CASE AND ETC. 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 Spl.C. No. 585/2024 pending before the Court of Additional District and Sessions Judge, FTSC- II, Bengaluru Rural District, Bengaluru, arising out of crime No. 454/2024 of Madanayakanahalli Police Station for offence punishable under Section 376(2)(f), 376(i)(n) of IPC and Sections 4, 6, 8 and 12 of POCSO Act, 2012 is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard learned counsel for petitioner and 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. 454/2024 was registered by Madanayakanahalli Police Station, Bengaluru, for the - 3 - NC: 2025:KHC:10390 CRL.P No. 12950 of 2024 aforesaid offences against the petitioner on the basis of first information dated 29.05.2024 received from the victim girl aged about 14 years. During the course of investigation the petitioner herein was arrested on 29.05.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner. His bail application filed before the trial Court in Crl.Misc. No. 2374/2024 was rejected on 16.11.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedent. The victim girl and her mother who are examined before the trial Court as P.W.1 and P.W.2 have turned completely hostile to the case of the prosecution. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. - 4 - NC: 2025:KHC:10390 CRL.P No. 12950 of 2024 6. A perusal of the material on record would show that the petitioner is the son of the elder brother of victim’s mother. In the first information it is alleged that the petitioner who was acquainted with the family of the victim, had forcible sexual intercourse with her against her wishes and as a result, she became pregnant. It is under these circumstances she had approached the Police on 29.05.2024. The victim girl as well as her mother have been examined before the trial Court as P.W.1 and P.W.2 and they have completely turned hostile to the case of the prosecution. Though the Public Prosecutor has cross-examined the said witnesses, nothing material has been elicited from the mouth of the said witnesses which is incriminating as against the petitioner. Said witnesses are not even cross-examined by the defence. Undisputedly the petitioner has no other criminal antecedents. The petitioner is a youngster aged about 23 years and he is in custody from 29.05.2024. Since material charge sheet witnesses have been already examined there cannot be any apprehension that the petitioner is likely to tamper - 5 - NC: 2025:KHC:10390 CRL.P No. 12950 of 2024 with the material charge sheet witnesses. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. of 454/2024 of Madanayakanahalli Police Station registered for the offences punishable under Sections 376(2)(f), 376(i)(n) of IPC and Sections 4, 6, 8 and 12 of POCSO Act, 2012 subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; - 6 - NC: 2025:KHC:10390 CRL.P No. 12950 of 2024 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 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE LRS List No.: 1 Sl No.: 34