- 1 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13715 OF 2024 BETWEEN: SRI. PRASANNA, S/O DEVARAJ, AGED ABOUT 27 YEARS, PRESENTLY: R/AT MAHDESHWARA BADAVANE, KANAKAPURA TOWN, RAMANAGARA DISTRICT - 562 119. PERMANENT AT: AMBEDKAR NAGARA ANJANEYASWAMY TEMPLE ROAD, KANAKAPURA ROAD, RAMANAGARA DISTRICT - 562 119. …PETITIONER (BY SRI. NAGENDRA G, ADVOCATE) AND: 1. STATE BY KANAKAPURA TOWN POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXX XXX, …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; VIDE ORDER DATED 20.03.2025, NOTICE TO R2 IS HELD SUFFICIENT) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL WHO IS ACCUSED S.C.NO.178/2023 IN CR.NO.162/2023 KANAKAPURA TOWN P.S. ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT RAMANAGARA AGAINST ACCUSED PERSON FOR THE OFFENCE P/U/S 363, 376 OF IPC AND SEC. 4, 6 OF POCSO ACT AND SEC.3(2)(v) OF SC/ST POA ACT IN RESPECT OF PETITIONER. 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 S.C.No.178/2023 pending before the Court of I Additional District and Sessions Judge, FTSC-I Ramanagara, arising out of Crime No.162/2023 registered by Kanakapura Town Police Station, Ramanagara, for offences punishable under Sections 363, 376 of IPC and Sections 4 and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Section 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act) Amendment Act 2015 (for short 'SC and ST (POA) Act') is before this Court in this - 3 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 successive bail application under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel for the 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.162/2023 was registered by Kanakapura Town Police Station, Ramanagara, against the petitioner herein for the aforesaid offences based on first information dated 30.09.2023 received from respondent No.2 who is the mother of victim girl. 4. During the course of investigation of the case, petitioner was arrested on 02.10.2023. After completion of investigation, chargesheet was filed against him for the aforesaid offences. His bail application was earlier rejected by the Jurisdictional Sessions Court and therefore he had approached this Court in Crl.P.No.4240/2024 which was dismissed on 10.06.2024 with liberty to the petitioner to - 4 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 move the trial Court for grant of bail after examination of material witnesses. It is under these circumstances, petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that though this Court has granted liberty to the petitioner to move the trial Court after examination of the material witnesses, till date no witness has been examined before the trial Court and on the last three dates of hearing victim was continuously absent before the trial Court and therefore, there is absolutely no progress in the trial. Petitioner who has no other criminal antecedents is in custody for the last more than 17 months. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. 7. Perusal of the material on record would go to show that the first informant who is the mother of the - 5 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 victim girl is a HIV positive patient and she had lost her husband about four years prior to registration of the FIR in the present case. On 22.09.2023, petitioner's mother allegedly had taken the victim girl to her house and when the first informant went and asked her why she had brought her daughter to her house, she was informed by petitioner's mother and by the victim girl that petitioner would be marrying the victim girl after she attained the age of majority. On 29.09.2023, first informant was allegedly informed by the victim girl that the petitioner had kissed her and also had sexual intercourse with her and it is in this background, first informant had approached the police. 8. During the course of investigation of the case, the statement of the victim girl under Section 164 of Cr.PC was recorded by the Jurisdictional Magistrate on 25.11.2023. In the said statement having reiterated the averment found in the first informant, victim girl has stated that her mother had returned home after she had - 6 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 enquired with mother of the petitioner, why she had brought her daughter to her house. Victim had continued to stay in the petitioner's house and on 29.09.2023 petitioner allegedly had sexual intercourse with her. Petitioner having no criminal antecedents is in custody from 02.10.2023. 9. Material on record would go to show that the victim girl has not made any serious allegations against the petitioner about having forcible sexual intercourse with her. Though charges have been framed in the present case long back, till date there is no progress in the trial. It is brought to the notice of this Court that the victim girl was not present before the Court on the last three dates of hearing. Considering the nature of allegations found against the petitioner and also having regard to his period of incarceration, 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 - 7 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.178/2023 pending before the Court of I Additional District and Sessions Judge, FTSC-I Ramanagara, arising out of Crime No.162/2023 registered by Kanakapura Town Police Station, Ramanagara, for offences punishable under Sections 363, 376 of IPC and Sections 4 and 6 of POCSO Act and Section 3(2)(v) of SC and ST (POA) 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; - 8 - NC: 2025:KHC:13019 CRL.P No. 13715 of 2024 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 Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 23 CT: BHK