- 1 - HC-KAR NC: 2025:KHC:31399 CRL.P No. 9987 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9987 OF 2025 BETWEEN: SRI. THARUN MISTRI S/O TAPAN MISTRI, AGED ABOUT 20 YEARS, R/AT NEAR GAMESHA MEDICAL, 1ST CROSS, GURUMURTHY LAYOUT, HONGASANDRA, BANGALORE-560 068. …PETITIONER (BY SRI. SAGAR A SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BOMMANAHALLI P.S., BENGALURU, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001. 2. SMT. B. KAVITHA W/O GOPAL, AGED ABOUT 36 YEARS, NO.5/22, 7TH MAIN, OPP. SLV FLOOR APARTMENT, S.R. NAIDU LAYOUT, HONGASANDRA, BENGALURU-560 068. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31399 CRL.P No. 9987 of 2025 (BY SRI. K. NAGESWARAPPA, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL ON THE EVENT OF HIS ARREST BY BOMMANAHALLI POLICE STATION IN FIR BEARING CRIME NO.60/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 11(iv) & 12 OF THE “PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012” ALONG WITH SECTION 78 OF “BHARATIYA NYAYA SANHITA, 2023”, REGISTERED AS SPL.C.NO.871/2025, PENDING ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-1, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by the petitioner to enlarge him on bail in Crime No.60/2025 of Bommanahalli Police Station, registered for offences punishable under Section 12 of POCSO Act, 2012 and Section 77 and 78 of BNS, 2023. 2. While filing chargesheet, Section 77 of BNS, 2023 has been deleted. Charge sheet is filed for the - 3 - HC-KAR NC: 2025:KHC:31399 CRL.P No. 9987 of 2025 offence punishable under Section 11(iv) and 12 of POCSO Act, 2012 and Section 78 of BNS, 2023. 3. Heard and perused the material on record. 4. It is the case of prosecution that, the accused was working as a security guard in one S.L.V. Flora Apartment, where the complainant was working as a maid. Accused procured the mobile number of complainant’s daughter, a minor aged about 16 years and started sending messages to her frequently. He sent a message to her saying, he has seen her changing the dress and he will inform about it to everyone, if she did not respond to his messages etc. When the victim girl was going to school, accused was following her and threw a love letter at her. 5. Investigation is completed and charge sheet has been filed. A mobile phone has been recovered from his possession. However, as on today there is no material - 4 - HC-KAR NC: 2025:KHC:31399 CRL.P No. 9987 of 2025 collected to show, except the bald allegation, that the petitioner has sent messages to the victim. 6. Learned High Court Government Pleader would contend that the mobile phone and the specimen handwriting of the accused has been sent for expert opinion and the report is not yet received. 7. The prosecution has to establish its case against the petitioner in a full-fledged trial. The petitioner is in custody from 20.02.2025. Investigation is completed and charge sheet is already filed. Considering the punishment prescribed for the offences alleged and considering that the petitioner is already interrogated and not required for further interrogation, relief sought in the petition can be granted by imposing stringent conditions. Accordingly, the following: ORDER i. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:31399 CRL.P No. 9987 of 2025 ii. Petitioner/sole accused in Crime No.60/2025 of Bommanahalli Police Station, Bengaluru City, pending in Spl.C.No.871/2025 on the file of the Court of Additional City Civil and Sessions Judge, FTSC-I at Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties out of which one shall be a local surety, 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 contact the victim, threaten or intimidate her or her family members. 5. He shall not indulge himself in committing any offence. - 6 - HC-KAR NC: 2025:KHC:31399 CRL.P No. 9987 of 2025 6. He shall appear before the trial Court on every effective hearing date. If any of the above conditions are Violated, prosecution or the complainant are at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 71