- 1 - NC: 2025:KHC:15067 CRL.P No. 103 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 103 OF 2025 BETWEEN: IRFAN @ SYED IRFAN S/O SYED SHOUKATH AGE 19 YEARS RESIDENT OF GURUVABOVIDODDI VILLAGE, BIDADI HOBLI RAMANGAR TALUK AND DISTRICT PIN - 562 159. …PETITIONER (BY SRI BUBBERJUNG TRISULI VENKATESH, ADV.) AND: 1. STATE BY SHO RAMANAGARA DISTRICT BIDADI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT, BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.84/2024 PENDING BEFORE THE LEARNED I ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15067 CRL.P No. 103 of 2025 ORAL ORDER 1. Accused in Spl.C.C.No.84/2024 pending before the Court of I Addl. District & Sessions Judge, Ramangara, arising out of Crime No.115/2024 registered by Bidadi Police Station, Ramanagara District, for the offences punishable under Sections 376A of IPC, Sections 4(2), 5(j)(ii), 6 & 4(2) of POCSO Act, 2012, is before this Court under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2 though served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.115/2025 was registered by Bidadi Police Station, Ramanagara District, for the offences punishable under Section 376 IPC and Sections 6, 4(2) of POCSO Act, 2012, against the petitioner herein based on the first information dated 27.03.2024 received from respondent no.2 who is the mother of the victim girl aged about 12 years. During the course of investigation of the case, petitioner herein was arrested on 27.03.2024 and subsequently remanded to judicial - 3 - NC: 2025:KHC:15067 CRL.P No. 103 of 2025 custody. After completion of investigation, charge sheet has been filed. Petitioner's bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.868/2024 was rejected on 11.11.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that petitioner who is aged about 19 years having no criminal antecedents is in custody for the last one year. The medical records of the victim would go to show that there was no sexual assault committed on her. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition does not dispute the submissions made by the learned Counsel for the petitioner. 6. The allegation against the petitioner found in the first information as well as in the charge sheet is that on 26.03.2025 at about 6.30 p.m., petitioner had entered into the house of the victim and after catching hold of her, allegedly had taken her into a bathroom and after removing her clothes, had forcible sexual intercourse with her and thereafter had left the place. The victim girl aged about 12 years was found lying unconscious in her house, and therefore, she was shifted to a - 4 - NC: 2025:KHC:15067 CRL.P No. 103 of 2025 hospital. However, the victim girl subsequently died in the hospital on 03.04.2024. 7. Perusal of the medical examination report of the victim girl would go to show that the doctor has mentioned that there is no evidence suggestive of sexual intercourse and there is no evidence of poison or drugs detected. The final opinion in the postmortem report with regard to the cause of death of the victim girl is death due to hepatic failure as a result of fulminant hepatitis consequent upon ingestion of unknown hepatotoxic compound, however the same could not be detected due to active treatment. 8. Petitioner aged about 19 years having no other criminal antecedents is in custody for the last more than one year. Investigation of the case is already completed and charge sheet has been filed. The prosecution has, in all cited 38 charge sheet witnesses in the present case and the trial in the case is yet to commence. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: - 5 - NC: 2025:KHC:15067 CRL.P No. 103 of 2025 9. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.84/2024 pending before the Court of I Addl. District & Sessions Judge, Ramangara, arising out of Crime No.115/2024 registered by Bidadi Police Station, Ramanagara District, for the offences punishable under Sections 376A of IPC, Sections 4(2), 5(j)(ii), 6 & 4(2) 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; 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 - 6 - NC: 2025:KHC:15067 CRL.P No. 103 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK