- 1 - HC-KAR NC: 2025:KHC:48097 CRL.P No. 13320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13320 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SRI. VENKATESH S/O LATE NARAYANAPPA, AGED ABOUT 37 YEARS, R/AT: PAIYURU VILLAGE, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT- 562 101. …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: 1. STATE OF KARNATAKA PRESESANDRA POLICE STATION, CHIKKABALALPUR DISTRICT, REP. STATE PUBLIC PROSECUTOR, AT PUBLIC PROSECUTOR OFFICE, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001. 2. SMT. ROOPA D/O RAMACHANDRAPPA, AGED ABOUT 32 YEARS, R/AT: KAMMAGUTTAHALLI VILLAGE, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1; R2 - SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48097 CRL.P No. 13320 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL CRIME NO.39/2025 OF PERESANDRA POLICE STATION, FOR AN OFFENCE PUNISHABLE UNDER SECTION 137(2) OF BNS AND SECTION 8 OF POCSO ACT, WHICH IS PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA IN SPL.S.C.NO.80/2025. 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 Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.39/2025 of Peresandra Police Station registered for the offences punishable under Section 137(2) of Bharatiya Nyaya Sanhita, 2023 and Section 8 of Protection Of Children From Sexual Offences Act, 2012 pending in Spl. SC No.80/2025 on the file of the learned IV Additional District and Sessions Judge, Chikkaballapura. 2. Heard the learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent/State. - 3 - HC-KAR NC: 2025:KHC:48097 CRL.P No. 13320 of 2025 3. The learned counsel for petitioner would contend that, the petitioner has been arrested on 24.03.2025 and he is in judicial custody. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The offences alleged against the petitioner are punishable with imprisonment which may extend to five to seven years. The petitioner had no sexual intent, but only he pressed the cheek of the child. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petitioner. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, the victim in her statement has specifically stated the acts of this petitioner, taking her inside a house and pressing her cheek. CW2 is the younger brother of the victim girl and he is the eyewitness to the incident. The charge sheet shows prima facie case against the petitioner for the - 4 - HC-KAR NC: 2025:KHC:48097 CRL.P No. 13320 of 2025 offences alleged against him. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The victim girl is aged ten years. The accusation against the petitioner is that he, in the guise of giving lift to the school, took up the victim girl and her younger brother (CW2) on his bike and took to a house, asked CW2 to stand outside, and took the victim girl inside the house, closed the door and pressed the cheeks of the victim girl, and when he was changing his dress, the victim girl came outside the house. The victim girl is aged ten years and the petitioner is aged 37 years. The petitioner is in judicial custody since 24.03.2025. As the charge sheet is filed, the petitioner is not required for judicial interrogation. The offenses alleged against the petitioner are not punishable - 5 - HC-KAR NC: 2025:KHC:48097 CRL.P No. 13320 of 2025 either with the death or imprisonment for life. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special SC No.80/2025 pending on the file of the learned IV Additional District and Sessions Judge, Chikkaballapura (arising out of Crime No.39/2025 of Peresandra Police Station) subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:48097 CRL.P No. 13320 of 2025 c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 24