- 1 - HC-KAR NC: 2025:KHC:37041 CRL.P No. 10402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10402 OF 2025 BETWEEN: BALAKRISHNA @ BALU S/O SUBRAMANIYAPPA, AGED ABOUT 26 YEARS, R/O KRISHNAGIRI VILLAGE, MULBAGAL TALUK 563131. …PETITIONER (BY SRI. PAVAN KUMAR G., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY WOMEN P. S. KOLAR, BY SPP HIGH COURT BUILDING BENGALURU 560 001 2. SHANTHKUMAR W/O T. M. HANUMAPPA AGED ABOUT 35 YEARS R/O THAMBIHALLI VILLAGE HUTHUR HOBLI, KOLAR TALUK, KOLAR 563101. …RESPONDENTS (BY MISS ASMA KOUSER, ADDL.SPP FOR R1; SRI. ASHWIN JOYSTON KUTTINHA, ADVOCATE FOR R2 (THROUGH V/C)) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37041 CRL.P No. 10402 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAILIN CR.NO.54/2024 OF KOLAR WOMEN P.S., IN SPECIAL CASE (POCSO) NO.123/2024 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR FOR THE OFFENCE P/U/S 363, 376(2)(n), 376(3) OF IPC AND SECTION 6 OF POCSO ACT.THE ADDL.DISTRICT AND SESSIONS JUDGE (FTSC-I (POCSO), KOLAR HAS DISMISSED THE BAIL PETITION ON 09.04.2025 IN SPL.C (POCSO) NO.123/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/sole accused in Special Case (POCSO) No.123/2024 pending on the file of the Court of Additional District and Sessions Judge, FTSC-I (POCSO) at Kolar, has preferred this petition to enlarge him on bail. 2. Charge sheet is filed against the Petitioner for the offence punishable under Section 363, 376(2)(n), - 3 - HC-KAR NC: 2025:KHC:37041 CRL.P No. 10402 of 2025 376(3) of IPC and Section 6 of the POCSO Act, 2012. It is alleged that the petitioner by inducing a minor girl, aged about 16 years, kidnapped her on 27.05.2024 on a motorcycle and took her to the house of CW.7, wherein he detained her in the said house and subjected her to repeated penetrative sexual assault, between 27.05.2024 and 12.06.2024. 3. Statement of the victim was recorded by the learned Magistrate. Her medical examination was also conducted. As per prosecution, victim's date of birth is 14.12.2008, hence, she was a minor as on the date of alleged commission of offence. 4. At this stage there is a prima-facie case against the petitioner. Moreover, it is submitted that the trial is at the fag end and the matter is posted for arguments on 23.09.2025. This Court is of the considered view that this is not a fit case to enlarge the petitioner on bail. - 4 - HC-KAR NC: 2025:KHC:37041 CRL.P No. 10402 of 2025 5. Petition is dismissed. However, dismissal of the petition shall not influence the Trial Court in any manner while deciding the case on merits. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 34