- 1 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6779 OF 2025 BETWEEN: ARUN KUMAR C/O DHANPAL C, AGED ABOUT 41 YEARS, R/AT NO.94, RAJA NILAYA, GUBBALALA ROAD, ROYAL PALMS, NEXT TO MANTRI TRANQUIL APARTMENT, BENGALURU SOUTH, SUBRAMANYAPURA, BENGALURU, KARNATAKA - 560 061 …PETITIONER (BY SRI. S. BALAKRISHNAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THALAGATTAPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. XXX XXX, …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 - SERVED) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.132/2025 OF THALAGATTAPURA POLICE STATION FOR THE O/P/U/S 8 AND 12 OF POCSO ACT AND U/S 506 OF IPC, ON THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused in Cr.No.132/2025 registered by Thalagattapura Police Station, Bengaluru, for the offences punishable under Sections 4, 8 and 12 of POCSO Act and Section 506 of IPC is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 is served in the matter and has remained unrepresented before this court. - 3 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 3. FIR in Cr.No.132/2025 was registered by Thalagattapura Police Station, Bengaluru against the petitioner herein, initially for the offences punishable under Sections 8 and 12 of POCSO Act and Section 506 of IPC, based on the FIR dated 07.04.2025 received from respondent No.2, who is the mother of the victim girl, aged about 13 years. 4. During the course of investigation of the case, the petitioner herein was arrested on 10.04.2025 and subsequently remanded to judicial custody. The bail application by the petitioner before the jurisdictional sessions court in Crl.Misc.No.723/2025 was rejected on 25.04.2025 and therefore he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner's wife and the first informant are direct sisters. It appears that they have a dispute with regard to certain family properties. First informant is having certain matrimonial problems. Section 4 of the POCSO was not - 4 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 invoked in the FIR and deliberately an improvement is made in the statement of the victim girl which was recorded under Section 183 of BNSS, 2023. He submits that the petitioner is a married man having family and he is in custody since three months. Investigation is already completed. Accordingly the counsel prays for allowing the petition. 6. Per Contra, learned HCGP has opposed the petition. She submits that the victim girl has made an allegation against the petitioner which would clearly attract the offence punishable under Section 4 of the POCSO Act against the petitioner. Victim girl is a close relative of the petitioner and in the event he is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly prays to dismiss the petition. 7. Material on record would disclose that parties to this case are all close relatives. First informant is the direct sister of petitioner's wife. On perusal of the material - 5 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 made available to the court by learned counsel for the petitioner, it appears that there is some dispute between the sisters and other family members with regard to certain immovable properties. In the first formation submitted by the mother of the victim girl she has stated that on 17.03.2025, she received a call from the school of the victim girl and when she visited the school she was informed by the Principal that during the course of teaching about bad touch and good touch to the victim girl, she had revealed to her class teacher that in the month of October, 2022, petitioner, who is her uncle had touched her inappropriately and also made an attempt to insert his private part into her mouth. At that time petitioner's wife came to the house and therefore after criminally intimidating the victim girl he had left her. It is in this background FIR came to be initially registered for the offences punishable under Sections 8 and 12 of the POCSO Act and Section 506 of IPC. - 6 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 8. The petitioner was arrested during the course of investigation on 10.04.2025. Subsequently, the statement of the victim girl was recorded before the jurisdictional Magistrate under Section 183 of BNSS on 16.04.2025 and in the said statement in addition to saying that the petitioner had touched her inappropriately, the victim girl has also stated that he had inserted his private part into her mouth. In the first information, it is stated that only an attempt to insert the private part into the mouth of the victim girl was made, whereas in the statement of the victim girl recorded under section 183 of BNSS, it is now stated that the petitioner had inserted his private part into the mouth of the victim girl. It is under these circumstances, the offence punishable under Section 4 of the POCSO Act came to be invoked against the petitioner in the present case. 9. The petitioner has no other criminal antecedents. He is in the custody for the last more than three months. Investigation is completed and charge - 7 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 sheet has been filed. The parties are close relatives and as stated earlier there is a dispute between them with regard to certain immovable property. Allegations found in the charge sheet is required to be proved in a full fledged trial. It is trite that accused cannot be detained in custody as a punitive or preventive measure. Under the circumstances, I am of the opinion that the petitioner’s prayer for grant of regular bail is to be answered affirmatively. Accordingly, the following : ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.132/2025 of Thalaghattapura Police Station registered for the offences punishable under Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 and Section 506 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two - 8 - HC-KAR NC: 2025:KHC:26612 CRL.P No. 6779 of 2025 sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SD, List No.: 1 Sl No.: 40 CT: BHK