- 1 - HC-KAR NC: 2025:KHC:27873 CRL.P No. 6550 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6550 OF 2025 BETWEEN: ABHISHEK R S/O RAMACHANDRA AGED ABOUT 26 YEARS R/AT YELLAMANABEEDI KURUPETE KANAKAPURA TOWN RAMANAGARA KARNATAKA 562117 …PETITIONER (BY SMT.REKHA.M FOR SRI. RAVIKUMAR V G, ADVOCATES) AND: 1. STATE OF KARNATAKA THE STATION HOUSE OFFICER KANAKAPURA RURAL P S REP BY S.P.P HIGH COURT OF KARNATAKA BUILIDNG BENGALURU 560 001 2. XXX …RESPONDENTS (BY SRI. RANGASWAMY.R, HCGP FOR R1; R2 SERVICE HELD SUFFICIENT (VIDE ORDER DATED 23.07.2025) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO DIRECTING THE RESPONDENT POLICE TO RELEASE HIM ON BAIL IN SPL.C.C.NO.33/2023 REGISTERED BY KANAKAPURA RURAL POLICE STATION FOR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27873 CRL.P No. 6550 of 2025 THE OFFENCES P/U/S 363 OF IPC R/W SEC. 8 AND 12 OF THE POCSO ON THE FILE OF THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, SPECIAL JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.C.No.33/2023 pending before the Court of I Additional District and Sessions Judge and Special Judge, Ramanagara, arising out of Crime No.253/2022 registered by Kanakapura Rural Police Station, Ramanagara, for the offence punishable under Section 363 of the Indian Penal Code, 1860 (for short 'IPC') and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court in this successive bail application filed under Section 439 (filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short 'BNSS']) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:27873 CRL.P No. 6550 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. Learned counsel for the petitioner submits that on the merits of the case petitioner was earlier granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc. No.112/2023, disposed of on 28.02.2023. Subsequently, he was remanded to judicial custody on 08.01.2025 for the reason that he did not furnish necessary surety after his earlier surety had withdrawn. She submits that petitioner is ready and willing to offer surety to the satisfaction of the trial Court. Accordingly, prays to allow the petition. 4. Per contra, learned High Court Government Pleader does not seriously oppose the bail application. 5. Perusal of the material on record would go to show that on the merits of the case, petitioner who was arrested in the present case ,was granted regular bail by the jurisdictional Sessions Court in Crl.Misc. No.112/2023, disposed of on 28.02.2023. It appears that subsequently the petitioner had - 4 - HC-KAR NC: 2025:KHC:27873 CRL.P No. 6550 of 2025 not appeared before the trial Court on the regular dates of hearing and therefore, notice was issued to the sureties and his surety had sought his discharge. Subsequently, the petitioner had failed to furnish necessary surety before the trial Court and therefore, he was remanded to judicial custody on 08.01.2025. The charge sheet is filed in the present case for the offences punishable under Section 363 of IPC and Sections 8 and 12 of POCSO Act. The maximum punishment for the alleged offences is imprisonment for a period of five years. Considering the aforesaid aspect of the matter, his prayer for grant of bail needs to be answered affirmatively. 6. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl.C.C.No.33/2023 pending before the Court of I Additional District and Sessions Judge and Special Judge, Ramanagara, arising out of Crime No.253/2022 registered by Kanakapura Rural Police Station, Ramanagara, for the offence punishable under Section 363 of IPC and under Sections 8 and 12 of POCSO Act, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:27873 CRL.P No. 6550 of 2025 (a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; (b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner shall not involve in similar offences in future; (e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 26