- 1 - HC-KAR NC: 2025:KHC:42834 CRL.P No. 10423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10423 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: MR. SURESH BALAJI P S/O PANNEER SELVAM, AGED ABOUT 30 YEARS, RESIDING AT NO.215, HPS COMNPLEX, NOBEL RESIDENCY ROAD, DODDA KAMMANAHALLI, BENGALURU - 560 083. …PETITIONER (BY SRI. PRAVEEN C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HULIMAVU POLICE STATION, BENGALURU - 560 083, BENGALURU - 561 203, REPRESENTED BY THE S.P.P, HIGH COURT BUILDING, BENGALURU - 560 001. 2. MR. BHARANITHARAN S/O SETHU PONNUSWAMY, AGED ABOUT 47 YEARS, RESIDENT AT B901, G R RICHMOND PARK LAKE ROAD, GOTTIGERE, BENGALURU - 560 083. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. ROHITH KASHYAP M.S., ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42834 CRL.P No. 10423 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.1025/2025 (CRIME NO.96/2025), FOR AN ALLEGED OFFENCE UNDER SECTION 65(1) OF THE BHARATIYA NYAYA SANHITA, SECTIONS 4(2), 6, 8 AND 12 OF POCSO ACT ALONG WITH SECTION 67(B)(b)(e) OF INFORMATION TECHNOLOGY ACT REGISTERED BY HULIMAVU POLICE STATION ON THE COMPLAINT OF BHARANITARAN. NOW PENDING BEFORE THE COURT OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-III, BENGALURU. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Special Case No.1025/2025 pending on the file of Additional City Civil and Sessions Judge, FTSC-III, Bengaluru, arising out of Crime No.96/2025 of Hulimavu Police Station registered for offences punishable under Sections 4(2), 6, 8 and 12 of POCSO Act, Section 65(1) of Bharatiya Nyaya Sanhita, 2023 and Section 67(B)(b)(e) of Information Technology Act. - 3 - HC-KAR NC: 2025:KHC:42834 CRL.P No. 10423 of 2025 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State and learned counsel for respondent No.2. 3. Learned counsel for petitioner would contend that, the petitioner was a Badminton Coach of the victim girl. The letters sent by the victim girl to the petitioner itself indicate that, there was a love affair between the petitioner and the victim girl. The statement of the victim girl has been recorded by the police and also by the Magistrate under Section 183(1) of Bharatiya Nagrika Suraksha Sanhita. The mobiles of the victim girl and the petitioner have been seized and the contents of the said mobiles have not been revealed till date. The victim girl is of the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent No.1 would contend that, the - 4 - HC-KAR NC: 2025:KHC:42834 CRL.P No. 10423 of 2025 victim girl was a child as on the date of offence. The statement of the victim girl has been recorded by the police and also by the Magistrate under Section 183(1) of Bharatiya Nagrika Suraksha Sanhita which discloses the alleged act of the petitioner having sexual intercourse with the victim girl. The FSL report is awaited. The charge sheet materials show that, there is a prima-facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there are chances of threatening the victim girl and other prosecution witnesses and commit similar offence. With these, he prayed for dismissal of the petition. 5. Learned counsel for respondent No.2 would contend that, as on the date of first act, the victim girl was aged fourteen (14) years. The petitioner being a Badminton Coach of the victim girl has misused his authority and committed the alleged offences. The love letters said to have been written by the victim girl to the petitioner cannot overcome the statement of the victim - 5 - HC-KAR NC: 2025:KHC:42834 CRL.P No. 10423 of 2025 recorded by the police and by the Magistrate under Section 183(1) of Bharatiya Nagrika Suraksha Sanhita. If the petitioner is granted bail, there is a threat to the victim girl and other prosecution witnesses. With these, he prayed for dismissal of the petition. 6. Having heard the learned counsels appearing for the parties, the Court has perused charge sheet and other materials placed on record. 7. The accusation against the petitioner is that, when the victim girl was attending Badminton Coaching, he being a Coach came in close contact with her and by misusing his position he has committed the alleged offences punishable under Sections 4 and 6 of the POCSO Act. The date of birth of the victim girl is 24.01.2009 and she was aged sixteen (16) years as on the date of alleged offence. The letters written by the victim girl to the petitioner indicate that, she was in love affair with the petitioner. The statement of the victim girl has already been recorded by the police and also by the Magistrate - 6 - HC-KAR NC: 2025:KHC:42834 CRL.P No. 10423 of 2025 under Section 183(1) of Bharatiya Nagrika Suraksha Sanhita. The investigation is completed and charge sheet has been filed. The victim girl is of the age of understanding the consequences of her acts. The petitioner has been arrested on 03.04.2025 and he is in judicial custody. Therefore, the petitioner is not required for any custodial interrogation. The apprehension of the prosecution that, if the petitioner is granted bail, he will threaten the victim girl and other prosecution witnesses can be met with by imposing stringent conditions. The petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER This Criminal Petition is allowed. The petitioner is granted bail in Special Case No.1025/2025 pending on the file of the Additional City Civil and Sessions Judge, FTSC-III, Bengaluru, arising out of Crime No.96/2025 of Hulimavu Police Station, subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:42834 CRL.P No. 10423 of 2025 i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. iv) The petitioner shall not contact the victim girl either personally or over any electronic mode, till the disposal of the case registered against him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 4