- 1 - HC-KAR NC: 2025:KHC:28562 CRL.P No. 9488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9488 OF 2025 BETWEEN: TIRUMALA AGED 24 YEARS S/O.THIPPERUDRAPPA, R/AT NEAR DURUGAMMA TEMPLE, ENNEGERE VILLAGE, CHITRADURGA TALUK, CHITRADURGA-577 524. …PETITIONER (BY SRI. MANJUNATH B R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHITRADURGA WOMEN POLICE STATION CHITRADURGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SMT RASHMI PATEL, HCGP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DTD:21.07.2025) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.7/2025 ARISING OUT OF CR.NO.129/2024 OF CHITRADURGA WOMEN P.S., CHITRADURGA DISTRICT, FOR THE OFFENCES P/U/S 64, 351(3) OF BNS AND U/S 4 OF POCSO ACT, 2012, PENDING ON THE FILE OF SPECIAL 2ND ADDL. DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28562 CRL.P No. 9488 of 2025 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 Spl.C.No.7/2025 pending before the Court of II Additional District and Sessions Judge and Special Judge, Chitradurga arising out of Crime No.129/2024 registered by Chitradurga Women Police Station for offences punishable under Section 6 of POCSO Act and Section 64 and 351(3) of the BNS, 2023 is before this Court 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, remained unrepresented. 3. FIR in Crime No.129/2024 was registered by Chitradurga Women Police Station for the aforesaid offences against the petitioner based on the first information dated 03.11.2024 received from respondent No.2, who is the mother of the victim. During the course of investigation, petitioner was arrested on 04.11.2024 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC:28562 CRL.P No. 9488 of 2025 custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crime No.129/2024 was rejected on 06.01.2025. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that the victim girl has been already examined before the trial Court as PW.1. Petitioner, aged 24 years, has no other criminal antecedents. He is in custody for the last more than 9 months. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the victim girl is a minor and therefore, alleged offence gets attracted against the petitioner. Accordingly, she prays to allow the petition. 6. In the first information submitted by the mother of the victim girl, she has stated that her minor daughter, who was studying in 1st year PUC, had informed her that on 24.10.2024 at about 1.30 p.m., when she was alone inside her - 4 - HC-KAR NC: 2025:KHC:28562 CRL.P No. 9488 of 2025 house, the petitioner, who came into the house, threatened her with dire consequences to her life and had sexual intercourse with her against her wish. It is, under these circumstances, FIR was registered against the petitioner for the aforesaid offences based on the first information received from the mother of the victim girl on 03.11.2024. Petitioner is aged about 24 years. He is in custody in the present case from 04.11.2024. Investigation of the case is completed and charge sheet has been filed. Undisputedly, he has no other criminal antecedents. Victim girl has been examined before the trial Court as PW.1. Therefore, there cannot be apprehension that the petitioner may tamper with the material prosecution witnesses. Prosecution in all cited 19 charge sheet witnesses in the present case and till date, only one charge sheet witness has been examined. Continued detention of the petitioner in custody along with other hardcore criminals may have adverse impact on his future prospects and career. Allegations found in the charge sheet against the petitioner are required to be proved in the full fledged trial. Considering the aforesaid aspect, I am of the opinion that prayer made by the petitioner - 5 - HC-KAR NC: 2025:KHC:28562 CRL.P No. 9488 of 2025 for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.129/2024 of Chitradurga Women Police Station registered for the offences punishable under Section 6 of POCSO Act and Section 64 and 351(3) of the BNS, 2023, 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; - 6 - HC-KAR NC: 2025:KHC:28562 CRL.P No. 9488 of 2025 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 VM List No.: 1 Sl No.: 49