- 1 - HC-KAR NC: 2025:KHC:48096 CRL.P No. 11193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11193 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI SAHIL PASHA @ SAHIL S/O, CHAND PASHA AGED ABOUT 21 YEARS R/A H NO.17, AYESHA MASJID ROAD MADINA NAGAR, MANGAMMANAPALYA BOMMANAHALLI POST BENGALURU-560 068. …PETITIONER (BY SRI.M S HARINATH., ADVOCATE) AND: 1. STATE BY BANDEPALYA P S BENGALURU CITY-560102 REPRESENTED BY S. P.P HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU- 560 001. 2. SMT.TAHASEENA ANJUM W/O CHAND PASHA AGED ABOUT 35 YEARS R/A NO.5/2/48, BEHIND KHAJA MASJID MADEENA NAGAR, MANGAMMANAPALYA BENGALURU-560 068 …RESPONDENTS (BY SMT.RASHMI PATEL, HCGP FOR R1, R2 - SERVED & UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48096 CRL.P No. 11193 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.45/2025 VIDE SPL.C.C.NO.1028/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(m), 65(1) OF BNS ACT, 2023 AND SECTIONS 4(2)m, 5(I), 5(L), 6 OF POCSO ACT, 2012 OF BANDEPALYA P.S. PENDING ON THE FILE OF FAST TRACK SPECIAL COURT III BENGALURU CITY. 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 sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.45/2025 of Bandepalya Police Station registered for the offences punishable under Sections 137(2), 64(2),(m), 65(1) of Bharathiya Nyaya Sanhita, 2023 and Sections 4(2)m, 25(I), 5(L) and 6 of Protection of Children From Sexual Offences Act5, 2012 pending in Spl.CC No.1028/2025 on the file of the Additional City Civil and Sessions Judge, Fast Track Spl. Court III, Bengaluru City. - 3 - HC-KAR NC: 2025:KHC:48096 CRL.P No. 11193 of 2025 2. Heard the learned counsel for the petitioner and the lerned High Court Government Pleader for the respondent No.1 - State. 3. In spite of service of notice, the respondent No.2 is absent and unrepresented. 4. The learned counsel for the petitioner would contend that, the victim in the history given to the doctor has stated that, she was in relationship with the petitioner. The doctor, who has examined her, has opined that there are signs of force. The victim girl in her statement before the police has stated that the petitioner is her friend. The petitioner is aged 21 years, and he is the sole bread earner of his family. As charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 5. Per contra, the learned High Court Government Pleader for the respondent No.1 - State would contend that, the statement of victim has been recorded under - 4 - HC-KAR NC: 2025:KHC:48096 CRL.P No. 11193 of 2025 Section 183 of BNS, 2023, wherein she has stated that the forcible act of the petitioner on her for sexual intercourse. The date of birth of the petitioner as per her birth certificate is 29.07.2011. The doctor has noted that there are signs of bruise of 2x3 cm above both breasts. The charge sheet shows prima facie case against the petitioner for the alleged offence against him. With this, she prayed for rejection of the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. The victim girl in her statement has stated that the petitioner was her friend. The victim in the history given to the doctor has stated that she was in relationship with the petitioner and both know to each other since six months. The date of birth of victim girl as per the birth certificate is 29.07.2011 and her age was 14 years as on the date of offence. The victim girl is of the age of - 5 - HC-KAR NC: 2025:KHC:48096 CRL.P No. 11193 of 2025 understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Spl.CC No.1028/2025 pending on the file of the Additional City Civil and Sessions Judge, FTSC-III, Bengaluru City (arising out of Crime No.45/2025 of Bandepalya Police Station) subject to the following: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety - 6 - HC-KAR NC: 2025:KHC:48096 CRL.P No. 11193 of 2025 for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses with directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 17