- 1 - HC-KAR NC: 2025:KHC:44645 CRL.P No. 10281 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. 10281 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. MR. RAMA N. S/O. LATE NARASIMHARAJU, AGED ABOUT 27 YEARS, R/O. E-13, RAMOHALLI VILLAGE, NEAR KENGERI, BENGALURU - 560 060. …PETITIONER (BY SRI. VIVEKANANDA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELUR POLICE STATION, HASSAN, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. NEELAMMA W/O. CHANDRAPPA, AGED ABOUT 38 YEARS, NO. HALE SANTHE MAIDHANA, JUNIOR COLLEGE BACKSIDE, BELUR TOWN - 573 115. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 - SERVED - UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44645 CRL.P No. 10281 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.624/2022 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, (FTSC-I), ARISING OUT OF CRIME NO.170/2022 OF BELUR POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 354, 363, 376(2) OF IPC AND SECTIONS 6, 8 AND 12 OF POCSO ACT. 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 accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C. No.624/2022 pending on the file of Additional District and Sessions Judge, Hassan (FTSC-I), arising out of Crime No.170/2022 of Belur Police Station, registered for offences punishable under Sections 354, 363, 376(2) of Indian Penal Code and Sections 6, 8 and 12 of POCSO Act. - 3 - HC-KAR NC: 2025:KHC:44645 CRL.P No. 10281 of 2025 2. Heard the Learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice to respondent No.2, she remained absent and unrepresented. 3. Learned counsel for petitioner would contend that, the petitioner has been granted bail by the coordinate Bench of this Court in Criminal petition No.4055/2023 by order dated 25.09.2023. Thereafter, he furnished the surety and he has been released on bail. Subsequently, the petitioner did not appear and therefore the trial Court has issued NBW and he has been secured by executing NBW on 09.04.2025 and he is in judicial custody from the said date. He submits that, learned counsel for the petitioner has not intimated the date of the case and therefore the petitioner could not appear before the trial 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 petitioner has violated conditions Nos.2 and 4 of the bail - 4 - HC-KAR NC: 2025:KHC:44645 CRL.P No. 10281 of 2025 order passed by the coordinate Bench of this Court and if he has violated any of the conditions, the prosecution has been given liberty to seek cancellation of bail in the very same order. The absence of this petitioner has caused delay in disposal of the case. There is a mandate in the POCSO Act to dispose of the case within a period of one year from the date of taking cognizance of the offence. If the petitioner is granted bail again, he will flee from justice and not available for trial. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused charge sheet and other materials placed on record. 6. The petitioner is facing trial for offences under Sections 354, 363, 376(2) of IPC and Sections 6, 8 and 12 of the POCSO Act. The petitioner has been granted bail by Order dated 25.09.2023 passed in Criminal Petition No.4055/2023 subject to following conditions: - 5 - HC-KAR NC: 2025:KHC:44645 CRL.P No. 10281 of 2025 "ii) Petitioner be directed to be enlarged on bail in Crime No.170/2022 of Belur Police Station, Arasikere Sub Division, Hassan District, which is now pending in Spl. Case No.624/2022 on the file of Additional District and Sessions Judge, FTSC-I, Hassan, by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the learned Trial Judge. (iii) Petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall not leave the jurisdiction of Hassan District without prior permission. (vi) Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail." Upon furnishing surety by the petitioner and executing the bond, he has been released on bail. The petitioner remained absent from 06.03.2024 to 09.04.2025 for a - 6 - HC-KAR NC: 2025:KHC:44645 CRL.P No. 10281 of 2025 period of more than one year. The NBW is issued against the petitioner from time to time has returned unexecuted. The NBW issued against the petitioner has been executed and the petitioner has been produced on 09.04.2025 and on that day, he has been remanded to judicial custody. The petitioner remained absent when the case has been posted for further trial. 7. As per sub-Section 2 of Section 35 of the POCSO Act, there is a mandate for the trial Court to complete the trial within a period of one year from the date of taking cognizance of the offence. Due to the absence of the petitioner for a period of more than one year, the trial Court did not complete the trial. The absence of the petitioner has caused delay in completing the trial and disposal of the case. There is no acceptable reasons have been assigned by the petitioner for his absence for a period of more than one year. If the petitioner is again granted bail, he will again remain - 7 - HC-KAR NC: 2025:KHC:44645 CRL.P No. 10281 of 2025 absent and there are chances of hampering the trial and disposal of the case. 8. Considering all the above aspects, the petitioner has not made out grounds for a grant of bail. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 5