- 1 - HC-KAR NC: 2025:KHC:52554 CRL.A No. 2272 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2272 OF 2025 BETWEEN: BALAKRISHNA, S/O ANNEGOWDA, AGED ABOUT 29 YEARS, R/O Y.SINGENAHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, KARNATAKA - 573135. …APPELLANT (BY SRI K.R.NAGARAJA, ADVOCATE) AND: 1. STATE BY CHANNARAYAPATNA, RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. 2. SMT. FATHIMA, W/O DHANANJAYA R, AGED ABOUT 30 YEARS, MOTHER AND GUARDIAN OF C.W-2 VICTIM, AGRICULTURE INDUSTRY, R/O 7TH CROSS, SIDDAPURA, NEAR LALBHAG, BENGALURU, KARNATAKA - 560 027, AND ALSO PERMANENT R/O BARAGRUR, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, KARNATAKA - 573116. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R1, R2 SERVED AND UNREPRESENTED) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52554 CRL.A No. 2272 of 2025 THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO 1. ALLOW THE APPEAL. 2. SET ASIDE THE ORDER DTD 03.05.2025 IN SPL.C.NO.117/2025 ON THE FILE OF THE COURT OF THE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-1 AT HASSAN REJECTING BAIL PETITION OF A-1 FILED UNDER SEC.483 OF BNSS3. ALLOW BAIL PETITION OF A-1 FILED UNDER SECTION 483 OF BNSS BEFORE SPECIAL COURT IN THE ABOVE SPECIAL CASE.4. RELEASE A-1 ON BAIL IN SPECIAL CASE NO. 117/2025 ON THE FILE OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, AT HASSAN FOR THE OFFENCES UNDER SECTIONS OF 65(1), 70(2) OF BNS, UNDER SECTIONS 4,6 AND 12 OF THE POCSO ACT AND UNDER SECTIONS 3(1)(w) (i)(ii) OF SC/ST ACT. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Learned High Court Government Pleader submits that notice is duly served to respondent No.2. 2. Respondent No.2 called-out, remained absent and unrepresented. 3. The appellant has preferred this appeal against the order passed by the Additional District and Sessions Judge FTSC-I at Hassan in Special Case No.117/2025, dated 03.05.2025. - 3 - HC-KAR NC: 2025:KHC:52554 CRL.A No. 2272 of 2025 4. The brief facts leading to this appeal is that on the basis of the complaint filed by one Fatima B.V., the mother of the victim, Channarayapatna Rural Police have registered the case in Crime No.6/2025 against accused Nos.1 and 2 for the commission of offence under Section 351(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), Sections 351(2), 65(1), 70(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'), Sections 4, 6 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 3(1)(w)(i)(ii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'POA Act')., 5. After investigation, Investigating Officer has submitted the charge sheet against the accused for the aforesaid offences and during the course of investigation, Investigating Officer has arrested the accused. An application was filed under Section 483 of BNSS, which came to be rejected by the Trial Court. Being aggrieved by this order, the appellant has preferred this appeal. 6. Learned counsel appearing before the appellant would submit that the learned Magistrate has recorded the - 4 - HC-KAR NC: 2025:KHC:52554 CRL.A No. 2272 of 2025 statement under Section 183 of BNSS, in which the victim has not whispered anything as to the alleged commission of offence, rape and also the sexual assault. And there is 4 days delay in filing the complaint. Learned counsel submits that accused is not required for further investigation as the investigation is already completed and charge sheet has been filed against the accused, and prays to allow this appeal. 7. I have examined the materials placed before this Court. 8. On the basis of the complaint filed by Fatima B.V., Channarayapatna Rural Police have registered the case in Crime No.6/2025 for the alleged commission of offences against accused Nos.1 and 2 for the commission of offence under Section 351(2) of BNSS, Sections 351(2), 65(1), 70(2) of BNS, Sections 4, 6 and 12 of POCSO Act and Section 3(1)(w)(i)(ii) of POA Act. 9. After investigation, Investigating Officer has submitted the charge sheet against the accused for the aforesaid offences. - 5 - HC-KAR NC: 2025:KHC:52554 CRL.A No. 2272 of 2025 10. I have examined the statement recorded under Section 183 of BNSS, in which the victim has stated as under: "¨Á®Ä ªÀÄvÀÄÛ ªÀÄAdÄ £À£ÀUÉ ¥sÉÆÃ£ï ªÀiÁr §®ªÀAvÀ ªÀiÁqÀÄwÛzÀÝgÀÄ. ¥sÉÆÃ£ï ªÀiÁr ¨Á CAvÀ §®ªÀAvÀ ªÀiÁqÀÄwÛÛzÀÝgÀÄ. §®ªÀAvÀ ªÀiÁr CAUÉ »AUÉ CAvÀ »A¸É PÉÆqÀÄwÛzÀÝgÀÄ, »A¸É PÉÆnÖ ¥sÉÆÃ£ï ªÀiÁr mÁZÀðgï PÉÆqÀÄwÛzÀÝgÀÄ. ¥sÉÆÃ£ï ªÀiÁr ¨Á JAzÀÄ PÀgÉAiÀÄĪÀÅzÀÄ ºÉÆgÀUÀqÉAiÀįÁè PÀgÉzÀÄPÉÆAqÀÄ ºÉÆÃVzÁÝgÉ." 11. Except the above statement, the victim has not whispered anything against the accused as to the commission of offence under POCSO Act and has not whispered anything as to the penetrative sexual assault said to have been committed by the accused. Investigating Officer has not offered any explanation that though the victim has not whispered anything as to the penetrative sexual assault while recording statement under Section 183 of BNSS, he has submitted the charge sheet against the accused for the alleged commission of offences under Sections 351(2), 65(1) and 70(2) of BNS and Sections 4, 6 and 12 of POCSO Act and Section 3(1)(w)(i)(ii) of POA Act. The offence under Section 12 of the POCSO Act is punishable with only 3 years and also fine. The investigation is already completed. Accused is not required for further investigation. - 6 - HC-KAR NC: 2025:KHC:52554 CRL.A No. 2272 of 2025 12. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I proceed to pass the following: ORDER. (i) The Criminal Appeal is allowed. (ii) The order passed by the Additional District and Sessions Judge FTSC-I at Hassan in Special Case No.117/2025, dated 03.05.2025 is set aside, consequently the bail application filed under Section 483 of BNSS is allowed. (iii) The appellant/accused No.1 shall be released on bail on executing a self bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iv) The appellant/accused No.1 shall not threaten or tamper the prosecution case in any manner. (v) The appellant/accused No.1 shall appear before the Trial Court on all the dates of the hearing. (vi) The appellant/accused No.1 shall not leave the jurisdiction of the Trial Court till the disposal of the case without prior permission from the trial Court. - 7 - HC-KAR NC: 2025:KHC:52554 CRL.A No. 2272 of 2025 (vii) Registry is directed to communicate this order to the Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE GVP List No.: 1 Sl No.: 7