- 1 - NC: 2025:KHC:5189 CRL.P No. 14257 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. 14257 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAMMAD SIRAJ @ GIDDA SIRAJ S/O MUJAHID AGED ABOUT 40 YEARS, R/O 2ND CROSS, AZAD NAGAR SHIVAMOGGA - 577 204. …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA STATE BY KOTE TOWN PS SHIVAMOGGA REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560001. 2. VICTIM D/O AMZAD ULLA AGED ABOUT 15 YEARS, R/A 6TH CROSS, NEAR PADMA TALKIES, GOPALA BADAVANE, SHIVAMOGGA KARNATAKA - 577201. (SINCE MINOR, REP. BY HER FATHER) AMZAD ULLA S/O JAMALUDDIN AGE 40 YEARS 4TH CROSS, PADMA TALKIES BACK SIDE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5189 CRL.P No. 14257 of 2024 GOPALA, SHIVAMOGGA KARNATAKA 577201. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1 R2 IS SERVED) 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.NO.356/2024 (CR.NO.125/2024) OF KOTE P.S PENDING ON THE FILE OF ADDL.DISTICT AND SESSIONS JUDGE FTSC-1 (POCSO) SHIVAMOGGA FOR THE OFFENCE P/U/S 137(2),115(2),351(2),64,54,3(5) OF BNS ACT AND SEC.6,8 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 Heard the learned counsel for petitioner, learned High Court Government Pleader for the State. Perused the materials on record. 2. FIR in Crime No.125/2024 of Kote Police Station, Shivamogga is registered against accused Nos.1 to 3 for offences punishable under Sections 137(2), 115(2), 351(2), 64, 54, 3(5) of BNS, 2023 and Sections 6 & 8 of the POCSO Act, 2012. - 3 - NC: 2025:KHC:5189 CRL.P No. 14257 of 2024 3. It is alleged that, accused No.2 befriended the complainant, a minor girl, aged about 15 years, pursuing her studies in SSLC and on 12.08.2024 at 5.00 p.m, took her on his motorcycle near bypass road, Arkere. When they were talking, accused Nos.1 and 3 came on a motorcycle and questioned them as to why they are present there and also threatened that they will inform the matter to girl's parents etc., Thereafter, accused No.1 forcibly took the complainant on his motorcycle to a dilapidated house, slapped and hit her head to the wall and committed forcible penetrative sexual assault on her. 4. Petitioner is arraigned as accused No.3 in the charge sheet. The allegations against him are that when the victim and accused were talking, he along with accused No.1 went and threatened them and also told the victim to sit in the motorcycle of accused No.1. Allegations of committing sexual assault on the victim are against accused No.1. Petitioner is in judicial custody from 26.11.2024. Charge sheet is filed. Considering the facts - 4 - NC: 2025:KHC:5189 CRL.P No. 14257 of 2024 and circumstances, petitioner can be released on bail by imposing conditions. 5. Accordingly, the following:- ORDER Petition is allowed. Petitioner/accused No.3 in Crime No.125/2024 of Kote Police Station, Shivamogga, pending in Spl.C.No.356/2024 on the file of the Court of Addl. District and Sessions Judge, FTSC-1(POCSO), Shivamogga, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand 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 the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 5 - NC: 2025:KHC:5189 CRL.P No. 14257 of 2024 5. 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 NMS