- 1 - HC-KAR NC: 2025:KHC:34849 CRL.P No. 11707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11707 OF 2025 BETWEEN: MR. GOWTHAM S/O MANGALA, AGED ABOUT 35 YEARS R/O NO.9, 2ND FLOOR, RAMACHANDRA REDDY COMPLEX, 2ND CROSS NEAR RELIANCE FRESH, AKASHNAGAR, A NARYANAPURA, K.R. PURAM, DURVANI NAGAR POST BENGALURU, CURRENTLY IN JUDICIAL CUSTODY …PETITIONER (BY SRI. BHARATH KUMAR .V., ADVOCATE) AND: 1. STATE BY STATION HOUSE OFFICER ADUGODI POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DR. AMBEKDAR VEEDHI BENGALURU - 560 001 2. MRS. REKHA, W/O MR. HERALA B PRAJAPAT R/O NO.268, 12TH CROSS AND 13TH MAIN, RAJENDRA NAGAR, KORAMANGALA BENGLAURU - 560 047. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R1 R2 SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34849 CRL.P No. 11707 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER HEREIN ON BAIL, IN RESPECT OF MATTER BEARING FIR / CRIME NO.94/2025, REGISTERED WITH THE RESPONDENT NO.1 ADUGODI P.S, PENDING ON THE FILE OF HONBLE COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE -FTSC-III, BENGALURU CITY IN MATTER BEARING CRL.MISC.NO.5740/2025 WHEREIN THE PETITIONER HEREIN HAS BEEN ARRAIGNED AS ACCUSED FOR ALLEGED O/U/S 4(2), 5(J), 5(L) 5(N) AND 6 OF THE POCSO ACT, 2012 AND SEC.64(2)(F), 64(2)(M) AND SEC.65(1) OF THE BNS. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The learned counsel for petitioner would submit that since the charge sheet is filed in this case and cognizance is taken, he may be permitted to withdraw the petition, reserving liberty to the petitioner to file a fresh petition before the Sessions Court, after examination of the victim. 2. The learned counsel further submits that, as per Section 35 of the POCSO Act 2012, evidence of the victim has to be recorded within 1 month from the date of taking cognizance, however, so far victim’s evidence is not recorded and therefore, a direction may be issued to the - 3 - HC-KAR NC: 2025:KHC:34849 CRL.P No. 11707 of 2025 trial Court to expedite the recording of victim’s and first informant's evidence. 3. Petitioner is in judicial custody from 16.04.2025. Charge sheet is already filed in this case. In view of the submission of learned counsel for petitioner, petition is dismissed as withdrawn, with liberty to the petitioner to file a fresh petition before the trial Court, after examination of the victim and the first informant. 4. The trial Court is directed to expedite the recording of the evidence of above witnesses, keeping in view the relevant provisions of the POCSO Act, 2012. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS