- 1 - HC-KAR NC: 2025:KHC:30593 CRL.P No. 10334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10334 OF 2025 BETWEEN: SHREYAS KUMAR S/O KUMARASWAMY H.V., AGED ABOUT 19 YEARS, R/AT: # 924, 2ND A CROSS, KALIDASANAGAR, HOSAKEREHALLI, BANGALORE-560 085. …PETITIONER (BY SRI. M. KRISHNE GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA STATE BY GIRINAGAR PS., RPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. XXXXX D/O XXXXX, AGED ABOUT XX YEARS, XXXXX, XXXXX. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; R2 SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30593 CRL.P No. 10334 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.363/2024 OF GIRINAGAR POLICE, NOW IN SPL.C.NO.2067/2024 PENDING BEFORE THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (FTSC-III) FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2) (m), 78 AND 137 (2) OF BHARATIYA NYAYA SANHITA (BNS) 2023 AND U/S 5(j), 5(L), 6, 11 (iv) AND 12 OF POCSO ACT 2012. 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, learned Addl. SPP for respondent No.1-State and perused the material on record. 2. Learned Addl. SPP has filed a memo along with police report for having served notice on respondent No.2. The same is placed on record. 3. Petitioner was arrested on 15.9.2024 in connection with a case registered in Cr.No.363/2024 by Girinagar Police Station, Bengaluru City. - 3 - HC-KAR NC: 2025:KHC:30593 CRL.P No. 10334 of 2025 4. FIR is registered on a complaint lodged by the victim, a minor girl aged about 17 years, against the petitioner for offence punishable under Section 64(2)(m) and 78 of BNS, 2023 and under Section 5(j), 5(l), 6, 11(iv) and 12 of POCSO, 2012. 5. On completion of investigation, chargesheet is filed for offences under Section 64(2)(m), 78, 137(2) of BNS, 2023 and under Section 5(j), 5(l), 6, 11(iv) and 12 of POCSO, 2012. 6. It is the case of prosecution that, petitioner herein by inducing the victim stating that he is in love with her, committed penetrative sexual assault as a result of which she became pregnant. 7. Learned counsel for the petitioner has made available a copy of deposition dated 25.7.2025 of the victim/CW1 examined as PW1. He contended that the victim has completely denied the case of prosecution and therefore, further detention of the petitioner will amount - 4 - HC-KAR NC: 2025:KHC:30593 CRL.P No. 10334 of 2025 to pre-trial conviction. He submits that the petitioner is languishing in judicial custody from 15.9.2024 and therefore, by imposing any condition, he may be enlarged on bail. 8. Learned Addl. SPP submits that trial is in progress and therefore, if the petitioner is enlarged on bail he may tamper with the prosecution witnesses and flee from justice. 9. Petitioner was arrested on 15.9.2024. He is in custody since then. Victim’s evidence is already recorded. Her evidence though cannot be appreciated at this stage, however, considering that the victim has been examined and question of tampering the said material witness does not arise, relief sought by the petitioner can be granted, by imposing suitable conditions. ORDER I. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:30593 CRL.P No. 10334 of 2025 II. Petitioner/accused No.1 in Crime No.363/2024 of Girinagar Police Station, Bengaluru City, pending in Spl.C.No.2067/2024 on the file of the Court of Addl. City Civil and Sessions Judge (FTSC-III), Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand 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. 4. He shall not try to contact the victim or intimidate her in any manner. 5. He shall not indulge himself in committing any offence. - 6 - HC-KAR NC: 2025:KHC:30593 CRL.P No. 10334 of 2025 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 TL List No.: 1 Sl No.: 37