- 1 - HC-KAR NC: 2025:KHC:34848 CRL.P No. 11627 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11627 OF 2025 BETWEEN: ASHOKA S/O MURTHAPPA AGED ABOUT 22 YEARS R/AT, MALLENAHALLI VILLAGE, NAGARAGERE HOBLI, GOWRIBIDANUR TALUK CHICKBALLAPURA - 561 208 (PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. SADDAM .R. MULLA, ADVOCATE) AND: 1. STATE BY GOWRIBIDANUR RURAL PS REP. BY STATE PUBLIC PROSECUTOR OFFICE AT, HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA BENGALURU - 560 001 2. LAKSHMIDEVAMMA W/O VENKATARAVANASWAMY AGED ABOUT 48 YEARS R/AT, MALLENAHALLI VILLAGE, GOWRIBIDANUR TALUK CHICKBALLAPURA - 561 208 (NOTE WIFE OF CW-3, MOTHER OF VICTIM - REF AT PAGE NO.30 AND 31) …RESPONDENTS (BY SMT. ASMA KOUSER ADDL. SPP FOR R1 SRI. CHAND PASHA, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34848 CRL.P No. 11627 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.22/2022 ARISING OUT OF CR.NO.286/2021 REGISTERED BY THE RESPONDENT NO.1 GOWRIBIDANUR RURAL P.S. WHICH IS NOW PENDING BEFORE THE HONBLE ADDL. DISTRICT AND SESSION JUDGE FTSC-1 CHIKKABALLPAURA FOR THE ALLEGED OFFENCES P/U/S 376(2)(N) OF IPC AND SEC.6 OF POCSO ACT 2012 WHEREIN PETITIONER IS ARRAYED AS ACCUSED NO.1. THIS CRL.P, 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, the learned Additional S.P.P for State and the learned counsel appearing for respondent No.2. Perused the material on record. 2. Petitioner is the sole accused in Crime No.286/ 2021 of Gowribidanur Rural Police Station, now pending in Special SC No.22/2022 on the file of learned Additional District and Sessions Judge (POCSO) FTSC-1, Chikkaballapura. - 3 - HC-KAR NC: 2025:KHC:34848 CRL.P No. 11627 of 2025 3. Charge sheet is filed against the petitioner for the offence punishable under Section 376(2)(n) of IPC and Section 6 of the POCSO Act 4. It is the case of prosecution that, the petitioner by inducing the minor victim with a promise of marriage, committed penetrative sexual assault on her and impregnated her. 5. As per DNA report, petitioner is the biological father of the child born to the victim. 6. Petitioner was aged about 19 years at the time of commission of offence. He was arrested on 04.01.2022 and since then he is in judicial custody, i.e. for 3 years 8 months. The victim and her mother i.e. respondent No.2 have been examined by the trial Court. It is contended by the learned counsel for petitioner that both of them have turned hostile and not supported the case of prosecution in entirety. - 4 - HC-KAR NC: 2025:KHC:34848 CRL.P No. 11627 of 2025 7. The learned Additional SPP has contended that the trial is in progress and in view of a prima-facie case, petitioner is not entitled for bail. 8. The learned counsel appearing for respondent No.2 submitted that the victim is now married and she has no objection to grant bail to the petitioner. 9. The learned counsel for petitioner, relying on a decision of the Hon'ble Apex Court in Deshraj @ Musa Vs. State of Rajasthan reported in 2024 SCC Online SC 2709 submitted that, under similar facts and circumstances, accused who was facing charges under the POCSO Act has been granted bail. He contended that, the purpose of bail is to secure the presence of petitioner during trial and not as a measure of punishment. 10. In the case on hand, victim and her mother, the material witnesses in the case are examined. The veracity of their evidence given before the trial Court though, cannot be appreciated, as it is the duty of the trial Court, however, considering that, petitioner is in judicial custody - 5 - HC-KAR NC: 2025:KHC:34848 CRL.P No. 11627 of 2025 from 04.01.2022 and the material witnesses are already examined, by imposing necessary conditions, relief sought in the petition can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner / accused in Special SC.No.22/2022 pending before the learned Additional District and Sessions Court (POCSO), FTSC-1, Chikkaballapura (Crime No.286/2021 of Gowribidanur Rural Police Station) shall be released on bail subject to following conditions: a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for likesum to the satisfaction of the jurisdictional Court; b) He shall not indulge himself in committing any offence. c) He shall not leave the jurisdiction of trial Court without prior permission of the learned Sessions Judge. - 6 - HC-KAR NC: 2025:KHC:34848 CRL.P No. 11627 of 2025 d) He shall not contact the victim, intimidate her and other prosecution witnesses in any manner. e) He shall appear before the trial Court on all dates of hearing without fail. If any of the conditions are violated, the prosecution is at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS List No.: 1 Sl No.: 24