- 1 - HC-KAR NC: 2025:KHC:35340 CRL.P No. 8916 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8916 OF 2025 BETWEEN: SRI KARTHIK G N S/O.SRI NARASIMHAPPA AGED ABOUT 23 YEARS, R/A. HARALAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA - 562 105. (NAME AND ADDRESS AS PER BAIL ORDER) …PETITIONER (BY SRI ABHILASH KUMAR M N, ADVOCATE FOR SRI NANJUNDA GOWDA M R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHIKKABALLAPURA WOMEN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKER VEEDHI, BENGALURU - 560 001. 2. THE CHAIRPERSON CHILD DEVELOPMENT PROJECT OFFICER, CHIKKABALLAPURA. (DETAILS OF 2ND RESPONDENT ARE AS PER BAIL ORDER) …RESPONDENTS (BY Ms. ASMA KOUSER, ADDL. SPP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35340 CRL.P No. 8916 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.S.C (POCSO) No.82/2022 ARISING OUT OF CRIME No.42/2022 OF CHIKKABALLAPURA WOMEN POLICE WHICH IS NOW PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FAST TRACK SPECIAL COURT-I (POCSO) AT CHIKKABALLAPURA FOR THE OFFENCES P/U/S. 376(2)(f), 376(2)(I), 376AB, 376, 323, 324, 504, 506, 114 R/W 34 OF IPC AND SECTION 4, 5(m), 5(n), 5(L), 6, 21 OF POCSO ACT, 2012, SEC. 75 OF JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2015 AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.42/2022 of Chikkaballapura Women Police Station, now pending in Spl.S.C.(POCSO) No.82/2022 before the learned Additional Sessions Judge, Fast Track Special Court-I (POCSO) at Chikkaballapura, has preferred this petition praying to enlarge him on bail. 2. Learned Addl.SPP has filed a memo along with police report/intimation for having served notice on CW.16 (victim's grand father). - 3 - HC-KAR NC: 2025:KHC:35340 CRL.P No. 8916 of 2025 3. Heard the learned Counsel for petitioner, learned Additional SPP for the State and perused the material on record. 4. On the basis of a complaint dated 09.04.2022 lodged by the victim, Chikkaballapura Women Police Station registered the aforementioned case against the petitioner and 6 others for the offence punishable under Sections 376, 323, 324, 326, 504, 114, read with 34 of IPC and Section 4 of the POCSO Act, 2012. 5. It is averred in the complaint that, victim girl was residing with her grandfather at Haralahalli Village, Shidlaghatta Taluk, Chikkaballapura. Accused No. 2, step brother of the victim came to the village and asked, the victim to accompany him to Varadahalli, Chikkaballapura. Accordingly, victim accompanied him to his residence in the month of January. She was being taken good care by him. After a few days, they relocated to Vapasandra as one Manjunath had provided a room to accused No. 2, Nitin in the terrace. In the said room, all the accused and - 4 - HC-KAR NC: 2025:KHC:35340 CRL.P No. 8916 of 2025 the victim were residing together and the victim used to prepare food for all of them. It is alleged that in the month of February around 10 p.m., victim's sister-in-laws, i.e. accused No. 6 and accused No. 7 asked the victim to serve food to the petitioner and when she went to his room to serve food, petitioner pulled her by hand, hugged her tightly and committed forcible sexual intercourse with her. 6. Learned Addl.SPP drawing the attention of the Court to victim's medical report, contended that the said report clearly indicates that the victim was sexually traumatized. She contended that certain burn injuries are noticed and victim's hymen is not intact, which suggest that there was forcible sexual intercourse on her. She contended that the victim's date of birth, as per school records is 05.06.2010 and therefore, she was aged only 12 years at the time of incident. She contended that in view of the statement of the victim recorded under Section 183 of BNSS, there is a prima-facie case against the petitioner and therefore, he is not entitled for bail. - 5 - HC-KAR NC: 2025:KHC:35340 CRL.P No. 8916 of 2025 7. Learned counsel for the petitioner contended that the entire allegations are false and the petitioner is innocent. There is no allegation that the petitioner has caused burn injuries to the victim as alleged and she has not stated anywhere in her statement that petitioner has caused the said burn injuries to her. He contended that the allegation that petitioner has subjected her to sexual intercourse is also false, since in her deposition before the trial Court, she has denied the said accusation made against the petitioner. He submitted that, petitioner is in judicial custody from 13.04.2022 and he may be enlarged on bail by imposing any conditions. 8. Accused Nos. 2 to 7 are on bail. The victim has been examined before the trial court as PW.1. Her evidence cannot be appreciated in this petition seeking bail. However, considering that petitioner is in judicial custody since 13.04.2022 i.e. for nearly 3.5 years and recording of the victim's evidence is already completed, - 6 - HC-KAR NC: 2025:KHC:35340 CRL.P No. 8916 of 2025 imposing appropriate conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.42/2022 of Chikkaballapura Women Police Station, pending in Spl.S.C.(POCSO) No.82/2022 on the file of the Additional Sessions Judge, Fast Track Special Court - I (POCSO) at Chikkaballapura, 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 not contact the victim or intimidate her in any manner. 3. He shall furnish proof of his residential address and shall inform - 7 - HC-KAR NC: 2025:KHC:35340 CRL.P No. 8916 of 2025 the Court, if there is change in the address. 4. He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. 5. He shall not tamper with the prosecution witnesses either directly or indirectly. 6. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 59 CT.SM