- 1 - HC-KAR NC: 2025:KHC:27738 CRL.P No. 9369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9369 OF 2025 BETWEEN: SHANKARAPPA HANUMAPPA MANNURA S/O. HANUMAPPA MANNOORA, AGED ABOUT 33 YEARS, R/AT KARAFIGUDDE MANE, CPC COMPOUND, KARBALA ROAD, MUSHTIGERI, BADAMI TALUK, BAGALKOTE DISTRICT-587 201. PRESENTLY R/AT BAIKAMPADY, MANGALURU, D. K. DISTRICT - 575 011. …PETITIONER (BY SRI. S.RAJASHEKAR., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PANAMBUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. XXX …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27738 CRL.P No. 9369 of 2025 (BY SMT. WAHEEDA M.M., HCGP FOR R1; SERVICE OF NOTICE ON R2 HELD SUFFICIENT V/O.DT.22.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.62/2025 REGISTERED BY THE PANAMBUR POLICE STATION FOR THE OFFENCES P/U/S. 77 OF BNS, 2023 AND SEC. 13 AND 14 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND SECTIONS 3(1)(W)(ii), 3(2)(va) OF SC AND ST (PREVENTION OF ATTROCITIES) ACT, 1989, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) D.K MANGALURU. 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.62/2025 registered by Panambur police station pending before the Court of Additional District and Sessions Judge, FTSC - I (POCSO), Dakshina Kannada, Mangaluru, for the offences punishable under Section 77 of BNS, 2023 and Sections 13 and 14 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(ii), 3(2)(v-a) of SC and ST (Prevention of Atrocities) Act, 1989 is - 3 - HC-KAR NC: 2025:KHC:27738 CRL.P No. 9369 of 2025 before this Court in this bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Though notice was served on respondent No.2, she has remained unrepresented before this Court. 3. First information report in Cr.No.62/2025 was registered by Panambur police for the aforesaid offences against the petitioner herein based on the first information dated 18.06.2025 received from the victim lady. During the course of investigation, the petitioner was arrested on 18.06.2025 and subsequently remanded to judicial custody and his bail application filed before the trial Court was rejected on 25.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that maximum punishment for the alleged offence is 05 years. The petitioner is in custody from 18.06.2025 and he is a married man having family. Major portion of investigation is already completed. Considering the averments made in the complaint, a doubt arises whether the offences under Sections 3(1)(w)(ii) - 4 - HC-KAR NC: 2025:KHC:27738 CRL.P No. 9369 of 2025 and 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act, would get attracted in the present case. Petitioner is the only bread earner of the family and prays to allow the petition. 5. Learned High Court Government Pleader for respondent No.1 opposes the bail application and submits that if the petitioner is enlarged on bail, he may commit similar offence and accordingly, prays to dismiss the petition. 6. A reading of the first information report which is registered on 18.06.2025 would go to show that the petitioner who is a married man is residing in a premises adjacent to the premises where the first informant and her family members are residing. In the first information report, it is averred that on 17.06.2025 at about 09:30 p.m., first informant noticed that the petitioner was recording a video in his mobile phone placing the same on the window of her bathroom. Therefore, first informant and her husband had confronted the petitioner and subsequently, it was found that in his mobile phone he had recorded the video of the first informant taking bath inside her bathroom and also video of her minor daughter who is aged about 09 years when she was in the toilet. - 5 - HC-KAR NC: 2025:KHC:27738 CRL.P No. 9369 of 2025 7. The petitioner aged about 33 years is said to be married having family. He is in custody from 18.06.2025. It is submitted by the learned counsel for the petitioner that petitioner is the sole bread earner of his family and the maximum punishment for the alleged offences is imprisonment for a period of 05 years. Petitioner has no criminal antecedents and is stated to be a daily wage worker. Major portion of the investigation is completed. Considering the aforesaid aspects of the matter, the prayer made for grant of bail needs to be answered affirmatively. 8. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Cr. No.62/2025 registered by Panambur police station pending before the Court of Additional District and Sessions Judge, FTSC - I (POCSO), Dakshina Kannada, Mangaluru, for the offences punishable under Section 77 of BNS, 2023 and Sections 13 and 14 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(ii), 3(2)(v-a) of SC and ST (Prevention of Atrocities) Act, 1989, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:27738 CRL.P No. 9369 of 2025 a) Petitioner shall execute 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; 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 HJ List No.: 1 Sl No.: 65