- 1 - HC-KAR NC: 2025:KHC:37707 CRL.P No. 9993 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9993 OF 2025 BETWEEN: 1. SRI NARASIMHAMURTHY S/O NARASIMHAPPA, AGED ABOUT 35 YEARS, R/A IRAGAPPANAHALLI VILLAGE, SADALI HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562104 …PETITIONER (BY SRI. DEVENDRA N.,ADVOCATE) AND: 1. STATE OF KARNATAKA BAGEPALLI POLICE STATION, CHIKKABALLAPUR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. ASHWATHAMMA W/O LATE NARASIMHAPPA, AGED ABOUT 62 YEARS, R/A MITTEMARI VILLAGE, MITTEMARI HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NIO.0199/2023 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37707 CRL.P No. 9993 of 2025 FOR THE OFFENCES P/U/S. 376(3) OF IPC AND SEC.4 AND 6 OF PROTECTION OF WOMEN FROM SEXUAL OFFENCES ACT, 2012 LATER REGISTERED AS SPL.SC.NO.124/2023 FOR THE OFFENCES P/U/S. 376(3) AND 506 OF IPC AND SEC. 4, 5 (n), 8 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 REGISTERED BY BAGEPALLI P.S. CHIKKABALLAPUR DISTRICT (1ST RESPONDENT HEREIN). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arrested and in custody since 04.10.2023, has preferred this petition to enlarge him on bail in Spl.S.C.(POCSO)No.124/2023 pending on the file of the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura. 2. Charge sheet is filed against the petitioner, sole accused in the case, for the offence Punishable under Section 376(3), 506 of IPC and Section 4, 5(n) and 8 of the POCSO Act, 2012. - 3 - HC-KAR NC: 2025:KHC:37707 CRL.P No. 9993 of 2025 3. Petitioner is accused of committing forcible penetrative sexual assault on a minor girl aged less than 13 years, her date of birth being 19.06.2010. 4. Learned counsel for petitioner would draw the attention of the Court to the history given by the victim before the doctor, at the time of her examination, and relied on the medical report, to contend that no penetrative sexual assault has been committed on the victim. He would point out that, the hymen was intact, when the victim was examined and as per the final opinion, victim has not undergone any forceful sexual intercourse, further, highlighting that no injury was noticed on the private part of the victim, when she was examined. He further contended that the victim has not supported the case of prosecution, while tendering evidence before the Court. 5. Learned High Court Government Pleader on the other hand has contended that, victim’s date of birth is 19.06.2010 and therefore, she was a minor aged below 13 - 4 - HC-KAR NC: 2025:KHC:37707 CRL.P No. 9993 of 2025 years and in view of her statement, there is a prima-facie case against the petitioner. He contended that if the petitioner is granted bail at this stage, he may tamper with the prosecution witnesses and flee from justice. 6. It is not in dispute that the victim, mother and her grand mother are already examined before the Trial Court. Their evidence cannot be appreciated, while considering their prayer seeking bail. However, since the material witnesses are already examined, question of tampering the said witnesses does not arise. This Court cannot express any view on the merits of the case and regarding the age of the victim, wherein, as per radiological report, she is aged between 14-15 years. However, keeping in view the contention raised by the learned counsel for petitioner, for the purpose of grant of bail and also considering that the petitioner is in judicial custody from 04.10.2023, this Court is of the considered view that petitioner's further detention may not be required. Petitioner has no bad antecedents. Hence, by - 5 - HC-KAR NC: 2025:KHC:37707 CRL.P No. 9993 of 2025 imposing appropriate conditions, petitioner can be enlarged on bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/ accused in Crime No.199/2023 of Bagepalli Police Station, pending in Spl.S.C.No.124/2023 on the file of the Court of Additional District and Sessions Judge, FTSC-I, Chikkaballapua, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum 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. - 6 - HC-KAR NC: 2025:KHC:37707 CRL.P No. 9993 of 2025 3. He shall not tamper with the prosecution witnesses either directly or indirectly. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. 6. He shall not try to contact or intimidate the victim or her family members, Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 29