- 1 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13800 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NARAYANASWAMY S/O. LATE. THIPPALAH AGED ABOUT 38 YEARS R/O. CHIKKAKUNTHUTU VILLAGE KASABA HOBLI, MALUR TALUK KOLAR-563 130. PERMANENT R/O. MUDUVADI VILLAGE, KOLAR TALUK. …PETITIONER (BY SRI. ANAND R.V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MALUR POLICE STATION KOLAR – 563 130. REP. BY STATE PUBLIC PROSECUTOR ATTACHED HIGH COURT BUILDINGS BENGALURU -560 001. 2. XXXXXX MINOR REP BY HER MOTHER NATURAL GUARDIAN/CW2 SMT. BHARATHI W/O. NARAYANASWAMY AGED ABOUT 28 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 CHIKKAKUNTHUTU VILLAGE GOPALREDDY BRICKS FACTORY ROOM KASABA HOBLI, MALUR TALUK KOLAR-563 130. …RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 SRI SRINATHA B V, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SPECIAL CASE (POCSO) No.129/2024 (CR.No.513/2023 MALUR POLICE STATION KOLAR DISTRICT) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(3),313,506 OF IPC, U/S 6 OF POCSO ACT, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) AT KOLAR. 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 the sole accused under Section 483 of BNSS seeking grant of bail in Special Case (POCSO) No.129/2024 arising out of Crime No.513/2023 of Malur Police Station registered for offences punishable under Sections 376(3), 313, 506 IPC and Section 6 of the Protection of children from Sexual Offences Act, 2012 pending on the file of the Additional District and Sessions Judge, FTSC-1, POCSO, Kolar. - 3 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned Additional SPP for respondent No.1 –State. 3. Learned counsel for the petitioner would contend that the petitioner who is the father of the victim girl has filed missing complaint of the victim on 10.10.2022. Based on the same, a case has been registered in Crime No.43/2022 of Kolar Women Police Station and in the said complaint, victim has been secured on 10.02.2022. After recording her statement, ‘B’ report has been filed. No medical test has been conducted after she has been secured. The victim was not living with the petitioner during October-2022. The victim was having affair with Girish, the cousin brother of her mother and as the petitioner father filed a complaint against her, she is making false allegation against the petitioner. The victim's statement has been recorded in Crime No. 43/2022 under Section 164 of Cr.P.C on 08.11.2022 and she has not stated anything of her father committing sexual assault on her. C.W.2 -mother of the victim girl has not been examined. - 4 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 Now the prosecution evidence is over and the case has been posted for defence evidence. The petitioner has filed a list of witnesses who are to be examined on his behalf in his defence. If the petitioner remained in custody, he will not be able to establish his defence. As the prosecution witnesses are already examined, there is no any threat by the petitioner to the prosecution witnesses. With this, he prayed to allow the petition and grant bail to the petitioner –accused. 4. Per contra, learned Additional SPP for respondent No.1 –State would contend that in earlier missing complaint, statement of the victim has been recorded by the police and also under Section 164 of Cr.P.C. Considering her statement, ‘B’ report has been filed. In the present case, the victim has given complaint against the petitioner. The statement has been recorded under Section 164 of Cr.P.C, wherein she has specifically stated the acts of this petitioner committing sexual assault on her. The offence alleged against the petitioner is heinous offence. With this, she prayed for dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 5. Learned counsel for respondent No.2 would contend that respondent No.2 -the mother of the victim girl is residing with her sister –P.W.3/C.W.3. He further submits that victim after 10.10.2022 has never resided with her parents. 6. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 7. The case has been registered against the petitioner on the complaint of victim girl with regard to incident taken place during October-2022. The said complaint has been filed on 28.12.2023. The victim has alleged that the petitioner i.e., her father has committed sexual assault on her during October -2022. The FIR is registered in Crime No.43/2022 is based on the missing complaint filed by this petitioner, on missing of the victim girl. In the said missing complaint, it is mentioned that one Girish son of Ramaiah might have kidnapped her. The said missing complaint has been filed on 10.10.2022. Thereafter, the victim has been secured on 19.10.2022 and police recorded her statement. - 6 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 Her statement has also been recorded under Section 164 of Cr.P.C on 08.11.2022. In the said statement recorded on 08.11.2022, the victim has not alleged any sexual assault by her father on her. During October-2022, Crime No.43 of 2022 was under investigation. As per submission of learned counsel for respondent No.2 -the mother of the victim, the victim has not resided with the petitioner/father and respondent No.2 -mother after 10.10.2022. It is the defence of the petitioner that as he opposed victim's affair with the said Girish and as he filed missing complaint, she filed false complaint against this petitioner who is her father. The prosecution evidence is already completed and now the case is posted for defence evidence. The petitioner has taken up defence of false implication. The petitioner requires to establish his defence by examining witnesses. The petitioner has already given list of witnesses which he intends to examine them to establish his defence. The prosecution witnesses are already examined. As prosecution side evidence is closed, there is no question of petitioner - 7 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 tampering the prosecution witnesses. If the petitioner continued in judicial custody, it is difficult for him to lead defence evidence to establish his defence. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 8. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special Case (POCSO) No.129/2024 arising out of Crime No.513/2023 of Malur Police Station registered for offences punishable under Sections 376(3), 313, 506 IPC and Section 6 of the Protection of children from Sexual Offences Act, 2012 pending on the file of Additional District and Sessions Judge, FTSC-1, POCSO, Kolar subject to following conditions; a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one - 8 - HC-KAR NC: 2025:KHC:44396 CRL.P No. 13800 of 2025 surety for the like sum to the satisfaction of the trial Court; b) The petitioner -accused attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case; c) The petitioner shall not threaten the victim. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 9 Ct.sm