- 1 - NC: 2025:KHC:5213 CRL.P No. 13489 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.13489 OF 2024 BETWEEN: SRI. ERATHAIAH H.V., S/O LATE VEERANNA, AGED ABOUT 50 YEARS, R/AT OPPOSITE SAPTHAGIRI BAR, KITTANAHALLI VILLAGE, DASANAPUR HOBALI, BENGALURU NORTH TALUK …PETITIONER (BY SRI. JAVEED S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDI, BENGALURU-560 001. 2. SRI MADESHA SON OF LATE PUTTASWAMY GOWDA, AGED ABOUT 41 YEARS, RESIDING AT NO.16, SAPTAGIRI LAYOUT, KITANAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 130. …RESPONDENTS (BY SRI. HARISH GANAPATI, HCGP FOR R1; SRI. K.R.RAMESH, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5213 CRL.P No. 13489 of 2024 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO GRANT BAIL TO THE PETITIONER IN CR.NO.969/2024 FOR THE OFFENCE P/U/S 75, 351(2) OF BNSS 2023 AND SEC.10,12 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner on bail in Crime No.969/2024 of Madanayakanahally Police Station, Bengaluru, registered for offences punishable under Sections 10 and 12 of POCSO Act and Sections 351(2) and 75 of BNS Act, 2023. 2. Heard and perused the material on record. 3. Aforementioned crime is registered against the petitioner, on a complaint filed by the victim girl aged about 16 years, pursuing her studies in 10th standard, wherein the accused is the Secretary of the School. It is alleged that the accused used to call the - 3 - NC: 2025:KHC:5213 CRL.P No. 13489 of 2024 Complainant/victim girl to his chamber and kiss her and behave in an indecent manner and even other students have complained against him alleging sexual harassment. 4. Learned HCGP has contended that the statements of the three victims are recorded under Section 164 of Cr.P.C., and their statements clearly reveal that the accused has misbehaved with them. 5. Learned counsel for the petitioner has drawn the attention of the Court to the affidavit filed by the complainant’s father before the Sessions Court, wherein he has stated that the statements made in the complaint are not true statement of his daughter and no such incident has taken place. 6. The allegations are serious in nature. However, the same has to be established in trial. The maximum sentence prescribed for the offence alleged is imprisonment for five years. The petitioner was arrested on 14.11.2024. He is in judicial custody. He is not required for further interrogation. Investigation is completed and - 4 - NC: 2025:KHC:5213 CRL.P No. 13489 of 2024 charge sheet is filed. Hence, without expressing any view on the merits of the case, relief sought by the petitioner can be granted by imposing conditions. Hence, following ORDER Petition is allowed. Petitioner/accused in Crime No.969/2024 of Madanayakanahally Police Station, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He 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. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in address. 3. He shall not directly or indirectly tamper with the prosecution witnesses/victims. - 5 - NC: 2025:KHC:5213 CRL.P No. 13489 of 2024 4. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE PB List No.: 1 Sl No.: 15