- 1 - HC-KAR NC: 2025:KHC:44644 CRL.P No. 12554 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12554 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. MR EBIN K ANTONY S/O KUNCHAPPAN ANTONY, AGED ABOUT 20 YEARS, R/AT: NADUVILEPARAMBIL HOUSE, MUTTAR POST, KUTTANAD TALUK, CHAKKULATHUKAVU TEMPLE, ALAPPUZHA DISTRICT, KERALA STATE - 689 574. …PETITIONER (BY SRI. JAYA PRAKASH K., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BANGARPET RAILWAY POLICE STATION, KOLAR DISTRICT - 563 114. REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT, COURT COMPLEX, BENGALURU - 560 001. 2. MS. ADITHYA S. D/O. SANTHOSH KUMAR, AGED ABOUT 18 YEARS, R/AT: KARTHIK BUILDING HOSTEL, NEAR DHANVANTRI HOSPITAL, CHIKKABANAVARA, BENGALURU - 560 090. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44644 CRL.P No. 12554 of 2025 PERMANENT RESIDENT OF PATHILCHIRA, KELAMANQALAM, THALEAZHY POST, ALAPPUZHA DISTRICT, KERALA STATE - 688 562. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. V. BASAVA KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C. NO.94/2025 (CRIME NO.6/2025 OF BANGARPET RAILWAY POLICE STATION, KOLAR DISTRICT) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(m), 69, 77, 316(2), 351(2) OF BNS, 2023, SECTIONS 6, 8, 12 OF POCSO ACT, 2012 AND SECTIONS 66(E), 67(A) OF I.T ACT, 2000, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR. 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 Bharatiya Nagrika Suraksha Sanhita, 2023 paying to grant bail in Special Case No.94/2025 (arising out of Crime No.6/2025 of Bangarpet Railway Police - 3 - HC-KAR NC: 2025:KHC:44644 CRL.P No. 12554 of 2025 Station, Kolar) registered for offences punishable under Sections 64(2)(m), 69, 77, 316(2), 351(2) of Bharatiya Nyaya Sanhita, 2023, Sections 6, 8 and 12 of POCSO Act and Sections 66(E) and 67(A) of Information Technology Act, pending on the file of Additional District and Sessions Judge, FTSC-I (POCSO), Kolar. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent No.1 - State and learned counsel for respondent No.2. 3. Learned counsel for petitioner would contend that, as on the date of alleged incident, the victim girl was aged one day short for attaining the age of eighteen (18) years. The victim girl in her statement recorded under Section 183 of BNSS, even though has stated the alleged acts of the petitioner, she has stated that, if the petitioner agrees to marry, she will marry him and she cannot live without him. He further submits that, there is love affair between petitioner and the victim girl and both are - 4 - HC-KAR NC: 2025:KHC:44644 CRL.P No. 12554 of 2025 classmates. The petitioner is a student of basic B.Sc. Nursing and he has to appear for 4th Semester examination scheduled to commence from 17.12.2025. The petitioner is the only son and his father is having physical disability and he has to look after his parents. The petitioner is ready to abide by any terms and conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent No.1 would contend that, the victim girl in her statement recorded under Section 183 of BNSS, even though, she has stated all the acts of this petitioner committing sexual assault on her, there is a prima-facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there is a threat to the prosecution witnesses. With these, he prayed for dismissal of the petition. - 5 - HC-KAR NC: 2025:KHC:44644 CRL.P No. 12554 of 2025 5. Learned counsel for respondent No.2 submits that, he has no objection to grant bail to the petitioner. 6. Respondent No.2 - victim girl is also present before this Court and she has also submits that, she has no objection to grant bail to the petitioner. 7. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint and other materials placed on record. 8. The date of birth of the victim girl is 29.05.2006. The incident has taken place on 28.05.2024. On the next day of the incident, the victim girl has attained the age of eighteen (18) years. The victim girl in her statement recorded under Section 183 of BNSS, even though, has stated all the acts of this petitioner committing sexual assault on her, she has also stated that, she is ready to marry the petitioner if he agrees and she cannot live without him. The petitioner is a student of basic B.Sc. Nursing and he has to appear for 4th Semester - 6 - HC-KAR NC: 2025:KHC:44644 CRL.P No. 12554 of 2025 examination scheduled to commence from 17.12.2025. The parents of the petitioner are also present. The father of petitioner is having physical disability and certificate to that effect has also been enclosed with the petition papers. There are no criminal antecedents of the petitioner. The victim girl and her counsel submitted that there have no objection to grant bail to the petitioner. 9. Considering all the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER This Criminal Petition is allowed. The petitioner is granted bail in Special Case No.94/2025 (arising out of Crime No.6/2025 of Bangarpet Railway Police Station, Kolar) pending on the file of Additional District and Sessions Judge, FTSC-I (POCSO), Kolar, subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:44644 CRL.P No. 12554 of 2025 i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 8