- 1 - HC-KAR NC: 2025:KHC:30269 CRL.P No. 9381 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9381 OF 2025 BETWEEN: SRI. SANTHOSH M S/O MUNIRAJU, AGED ABOUT 33 YEARS, R/AT KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. &PETITIONER (BY SRI. ABHIMANYU ARJUN DEVAIAH T, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY LEARNED HCGP, HIGH COURT OF KARNATAKA. 2. SMT. MANJULA W/O YATHIRAJ, AGED ABOUT 38 YEARS, R/AT KUMBALAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU - 562 114. &RESPONDENTS (BY SRI. K. NAGESWARAPPA, HCGP FOR R1; R2 SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION TO THE AFOREMENTIONED MATTER IN SPL.C.C.NO.333/2025 IN CR.NO.76/2025 FOR THE OFFENCES U/S 4(1) AND 12 OF THE POCSO ACT, R/W 96 AND 64 OF BNS, 2023, PENDING ON THE FILE OF LD. ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL, BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30269 CRL.P No. 9381 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned HCGP for the State and perused the material on record. 2. This petition is preferred praying to enlarge the petitioner on bail in Spl.C.C.No.333/2025, pending on the file of the learned Additional District and Sessions Judge, FTSC-II, Bengaluru Rural, Bengaluru. 3. Crime No.76/25 of Hosakote Police Station came to be registered on a complaint lodged by the victim's mother for the offence under Section 137(2) of the BNS 2023. 4. It is alleged that, on 2.4.2025, complainant's daughter, aged about 16 years studying in 10th standard returned to the house after her SSLC examination and at about 3.30 p.m., complainant and her husband went to - 3 - HC-KAR NC: 2025:KHC:30269 CRL.P No. 9381 of 2025 the hospital and when they returned home at 5.30 p.m., their daughter was missing. 5. FIR was registered against unknown persons on 03.04.2025. On the same day, the victim was secured and her statement was recorded by the police. The accused was arrested. Statement of the victim was also recorded under Section 183 of BNS by the learned Magistrate. On completion of investigation, charge sheet was filed against the petitioner for the offence punishable under Section 4(1) and 12 of the POCSO Act and Section 64 and 96 of the BNS, 2023. 6. It is the case of prosecution that, the petitioner / accused was insisting the victim minor girl (CW.2) to love him, and when she refused, he threatened her by saying that if she did not love him, he would die, thereby instilling fear in her. About two months prior, at a time when no one was present in his house, accused called CW-2 and committed forcible sexual assault on her and on 02.04.2025, in the afternoon, when CW-2 returned home - 4 - HC-KAR NC: 2025:KHC:30269 CRL.P No. 9381 of 2025 after writing her SSLC examination, noticing that no one was present at her residence, he again approached her and threatened her that she must accompany and marry him, and that if she did not, he would die. Thereafter, he abducted her on his motorcycle bearing registration No. KA-53-ER-9075 to Bhattarhalli Village, Kolar Taluk. 7. Learned High Court Government Pleader has contended that, the victim has given statement before the police that the petitioner has committed forceful penetrative sexual assault on her two months prior to filing of the complaint and in view of the same, there is a prima facie case against the petitioner. He, further contended that, the date of birth of the victim is 30.03.2009 and therefore, she is a minor and if the petitioner is enlarged on bail, there are chances of tampering the victim and thereby hampering the case of the prosecution. 7. Learned counsel for the petitioner would contend that the petitioner is innocent and he has been framed in - 5 - HC-KAR NC: 2025:KHC:30269 CRL.P No. 9381 of 2025 this case. The victim has not whispered anything about penetrative sexual assault committed on her, in her statement recorded under Section 183 BNS, 2023. He further contended that the victim has refused to undergo medical examination and therefore, at this stage, there is no prima facie case against the petitioner. He submits that the petitioner is in judicial custody from 03.04.2025. Investigation is complete and charge sheet is also filed. Petitioner is ready and willing to abide by any conditions that may be imposed by the Court. 8. I have perused the statement of the victim recorded under Section 183 of the BNS 2023. Victim has not alleged any sexual assault committed on her by the accused/petitioner. Further, the material on record goes to show that the victim has refused to give consent for medico legal examination. Charge sheet is already filed. In the above facts circumstances, petitioner can be enlarged on bail by imposing conditions. Accordingly, the following : - 6 - HC-KAR NC: 2025:KHC:30269 CRL.P No. 9381 of 2025 ORDER i) Petition is allowed. ii) The petitioner/accused in Crime No.76/2025 of Hosakote Police Station, Bengaluru District, pending in Special C.C.No.333/25 on the file of the learned Additional District and Sessions Judge, FTC-II, Bengaluru Rural, Bengaluru, shall be enlarged on bail, subject to following conditions : 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. - 7 - HC-KAR NC: 2025:KHC:30269 CRL.P No. 9381 of 2025 4. He shall not contact or threaten the victim and her family. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 41