- 1 - HC-KAR NC: 2025:KHC:26318 CRL.P No. 6430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6430 OF 2025 BETWEEN: 1. SRI. RAHUL. D. @ ARYA S/O LATE DODDANNA, AGED ABOUT 28 YEARS, R/A NO 72/1, 2ND FLOOR, NEAR AXIS BANK, RAMAMURTHY NAGAR, BENGALURU-560016. …PETITIONER (BY SRI. GANESHA K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY K.R PURAM POLICE, REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560001. 2. XXX …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26318 CRL.P No. 6430 of 2025 (BY SRI.RANGASWAMY R. HCGP FOR R-1) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.91/2021 REGISTERED BY K.R.PURAM POLICE IN SPL.C.NO.799/2021 PENDING BEFORE THE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-IV AT BENGALURU FOR THE OFFENCE P/U/S 341,366A,376,506(b),507,212 R/W 34 OF IPC AND SEC.3,4,5(1),6,16,17 OF THE POCSO ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Special Case No.799/2021 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru arising out of Crime No.91/2021 registered by K.R.Puram Police Station, Bengaluru, for offences punishable under Sections 341, 366A, 376, 506B, 507 of IPC and Sections 3, 4, 5(l), 5(k), 6, 16, 17 of the Protection of Children from Sexual Offences Act is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:26318 CRL.P No. 6430 of 2025 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 was is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.91/2021 was registered by K.R.Puram Police Station, Bengaluru, for the aforesaid offences against the petitioner, based on the first information dated 23.04.2021 received from the mother of the victim girl. 4. During the course of investigation of the case, petitioner herein was arrested on 26.04.2021 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.5532/2022 which was dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC:26318 CRL.P No. 6430 of 2025 The petitioner thereafter filed a fresh bail application before the Trial Court in Crl.Misc.No.10414/2022 which was rejected on 15.02.2023. It is under these circumstances, the petitioner is before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that petitioner who is youngster is in custody for the last more than four years. All the material charge sheet witnesses have been examined before the Trial Court. Accordingly, prays to enlarge the petitioner on bail. 6. Per contra, learned HCGP for respondent No.1 submits that material charge sheet witnesses examined have supported the case of prosecution and accordingly prays to dismiss the petition. 7. The petitioner who is now aged about 28 years is in custody for more than four years three months. Undisputedly, he has no criminal antecedents. Before the Trial Court, victim girl has been examined as PW.2 and her - 5 - HC-KAR NC: 2025:KHC:26318 CRL.P No. 6430 of 2025 mother has been examined as PW.3. Out of the 26 charge sheet witnesses cited in the present case, till date only 13 charge sheet witness have been examined before the Trial Court. Since material charge sheet witnesses are already examined, there cannot be any apprehension that petitioner may tamper with the material chargesheet witnesses. 8. The Hon'ble Apex Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19 has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". - 6 - HC-KAR NC: 2025:KHC:26318 CRL.P No. 6430 of 2025 9. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.91/2021 of K.R.Puram Police Station registered for the offences punishable under Sections 341, 366A, 376, 506B, 507 of IPC and Sections 3, 4, 5(l), 5(k), 6, 16, 17 of the POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 - 7 - HC-KAR NC: 2025:KHC:26318 CRL.P No. 6430 of 2025 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 GSR List No.: 1 Sl No.: 36