- 1 - HC-KAR NC: 2025:KHC:28895 CRL.P No. 9541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9541 OF 2025 BETWEEN: KISHORE M, S/O SRI.MUNIRAJU B K, AGED ABOUT 18 YEARS, MARALUBAGILU ROAD, PARVATHAPURA, DEVANAHALLI, BANGALORE RURAL, KARNATAKA - 562 110. …PETITIONER (BY SRI. ANINDITA CHAKRABOTY., ADVOCATE FOR; SRI.M.M.J.SHARATH CHANDRA, ADOCATE) AND: 1. THE STATE OF KARNATAKA, BY DEVANAHALLI P S, REPRESENTED BY PUBLIC PROSECUTOR, BANGALORE RURAL DISTRICT. BANGALORE - 562 110. 2. RADHA, W/O SRI.RAMESH, AGED ABOUT 42 YEARS, R/AT NO. 15, VAIBHAV, ENCLAVE LAYOUT, PUTTAPPANAGUDI ROAD, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT. PIN - 562 110. …RESPONDENTS (BY SRI.RANGASWMY R., HCGP FOR R-1; Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28895 CRL.P No. 9541 of 2025 NOTICE ISSUED TO R-2 IS HELD SUFFICIENT, VIDE ORDER DATED 18.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO A. ALLOW THE PETITIONER FILED U/S 483 OF BNSS IN CONNECTION WITH CRIME NO.70/2025 OF DEVANAHALLI POLICE STATION FOR THE OFFENCES P/U/S 8 AND 12 OF THE POCSO ACT AND SECTION 75 OF THE BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioner on bail in Crime No.70/2025 of Devanahalli Police Station, Bengaluru City registered for offences punishable under Sections 8 and 12 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Section 75 of BNS, 2023. 2. Heard both sides and perused the material on record. 3. As per the complaint lodged by victim's mother, her daughter, a minor aged about 17 years had completed II PUC. As she was looking dull, when she enquired with - 3 - HC-KAR NC: 2025:KHC:28895 CRL.P No. 9541 of 2025 her, her daughter informed that she is in love with the petitioner/accused for the last four years and on 13.05.2025 at about 7:30 p.m. when there was no one in the house, accused came to the house and while talking, hugged and kissed her and also touched her breast. 4. Based on the above complaint, a case in Crime No.70/2025 was registered against the petitioner/accused at Devanahalli Police Station for offences punishable under Sections 8 and 12 of POCSO Act and Section 75 of BNS. 5. As per the birth certificate, date of birth of the victim is 22.02.2008. Hence she was aged about 17 years 3 months as on the date of alleged commission of the offence. 6. Learned High Court Government Pleader has contended that if the petitioner is enlarged on bail, there are chances of intimidating the victim and thereby, hampering the case of prosecution. - 4 - HC-KAR NC: 2025:KHC:28895 CRL.P No. 9541 of 2025 7. Petitioner is aged 18 years. He is in custody since 31.05.2025. He has no criminal antecedents. He is a permanent resident of Parvathapura, Devanahalli, Bengaluru Rural District. The statement of the victim is already recorded under Section 183 of BNSS. Considering the age of the petitioner and also considering that the victim's statement under 183 of BNSS is already recorded and the investigation is almost completed, by imposing stringent conditions, petitioner can be released on bail. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner / accused in Crime No.70/2025 of Devanahalli Police Station, Bengaluru City, shall be released on bail subject to following conditions: a) Petitioner/accused shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties for the - 5 - HC-KAR NC: 2025:KHC:28895 CRL.P No. 9541 of 2025 likesum to the satisfaction of the Jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall cooperate with the investigation of the case. d) He shall not tamper with the prosecution witnesses either directly or indirectly and shall not contact the victim, intimidate or threaten her in any manner. e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 25