- 1 - HC-KAR NC: 2025:KHC:49918 CRL.P No. 14666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14666 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ARYANA KUMAR S/O AMARENDRA KUMAR AGED ABOUT 24 YEARS R/AT No.6-G, 504 PROVIDENT SUN WORTH, MYSORE ROAD BEHIND RAJARAJESHWARI HOSPITAL KENGERI HOBLI BANGALORE – 560 060. …PETITIONER (BY SRI BASAVARAJ R. BANNUR, ADVOCATE) AND: 1. KUMBALAGODU POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. 2. MRS. SARNALI DUTTA W/O PRALAYESH DEB R/AT FLAT 503, BLOCK 6D, 5TH FLOOR PROVIDENT SUN WORTH APARTMENT VENKATAPURA KENGERI HOBLI BANGALORE CITY-560 060. …RESPONDENTS (BY SRI CHANNAPPA ERAPP, HCGP FOR R1 SRI VINAY KUMAR SINGH, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49918 CRL.P No. 14666 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER I.E., ACCUSED ON REGULAR BAIL IN CR.No.316/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75 OF BNS AND 8, 9(m), 9(p) AND 10 OF POCSO ACT 2012 FILED BY THE KUMBLAGODU POLICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.316/2025 of Kumbalagodu Police Station registered for offences punishable under Sections 8, 9(m), 9(p) and 10 of Protection of Children from Sexual Offences Act, 2012 and Section 75 of BNS. 2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned High Court Government pleader for respondent No.1-State. 3. Learned counsel for the petitioner would contend that there was animosity between petitioner's - 3 - HC-KAR NC: 2025:KHC:49918 CRL.P No. 14666 of 2025 family and the family of the complainant with regard to supply of food articles. Due to the said animosity, a false complaint has been filed against the petitioner who is B- tech student studying in VIT, Bhopal came to Bangalore for internship in DRDO. The petitioner has been issued with certificate to show that he is having good conduct. If the petitioner is detained in prison, it will affect his educational career as he is studying in the 7th semester of B-tech course. As major portion of the investigation is over, the petitioner is not required for custodial interrogation. Offences alleged against the petitioner are not punishable with death or imprisonment for life. The maximum sentence that can be imposed for the offences alleged is 07 years. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent No.1 –State would contend that the date of birth of the victim girl is 07.11.2015 and she is aged 09 years 11 months as on the day of incident. The - 4 - HC-KAR NC: 2025:KHC:49918 CRL.P No. 14666 of 2025 statement of the victim girl has been recorded under Section 183 of BNSS wherein she has stated the acts of this petitioner touching her and kissing her on her lips. C.W.2 -mother of the victim has also stated in her statement the acts of this petitioner which has been recorded in CCTV footage. There is recovery of CCTV footage and it has been sent to FSL examination and FSL report has been received. Now charge sheet has been filed. The charge sheet materials show prime face case against the petitioner for offences alleged against him. With this, he prays to reject the petition. 5. Learned counsel for respondent No.2 would contend that the address of the petitioner shown in the petition is not correct but the petitioner is residing in the same apartment. The CCTV footage contains the acts of this petitioner causing sexual harassment to the victim girl. With these, he prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC:49918 CRL.P No. 14666 of 2025 6. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 7. As per allegation in the complaint, the petitioner stated to have molested the daughter of the complainant aged 09 years 11 months by touching her inappropriately at her private part. The statement of the victim girl has also been recorded under Section 183 of BNSS. The CCTV footage has also been recovered and sent to FSL examination. The FSL report has also been received. The investigation is over and the charge sheet has been filed. The petitioner is in judicial custody since 01.10.2025 and as the charge sheet is filed, he is not required for custodial interrogation. The petitioner is stated to be a student of 7th semester in B-tech and he is doing internship in DRDO, Bangalore. If, the petitioner is detained in the prison, it will affect his educational career. There are no criminal antecedents of the petitioner. - 6 - HC-KAR NC: 2025:KHC:49918 CRL.P No. 14666 of 2025 Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 8. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.316/2025 of Kumbalagodu Police Station registered for offences punishable under Sections 8, 9(m), 9(p) and 10 of Protection of Children from Sexual Offences Act, 2012 and Section 75 of BNS subject to following conditions; a) The petitioner –accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. b) The petitioner –accused shall not tamper the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2025:KHC:49918 CRL.P No. 14666 of 2025 c) The petitioner –accused shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 62 Ct.sm