- 1 - HC-KAR NC: 2025:KHC:27385 CRL.P No. 9395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9395 OF 2025 BETWEEN: MR. ANIL P S/O MR. PARAMESHWARAPAP AGED ABOUT 25 YEARS WORKING AS PLUMBER AND ELECTRICIAN, RESIDENT OF BEHIND PETROL BUNK, MALAVAGOPPA SHIVAMOGGA - 577 201. …PETITIONER (BY SRI PRAMOD CHANDRA I.S, ADV.) AND: 1. STATE OF KARNATAKA BY KOTE POLICE STATION SHIVAMOGGA, REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FRO R-1; R-2 SERVED-HELD SUFFICIENT V/O DTD:21.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED IN CR NO.100/2025 (CRIME NO.101/2025) REGISTERED WITH THE RESPONDENT KOTE POLICE STATION, SHIVAMOGGA, FOR THE OFFENCES P/U/S 78 AND 351(2) OF BNS AND SECTION 8 AND 12 OF POCSO WITH SUCH CONDITIONS AS THIS HONBLE COURT DEEMS FIT TO IMPOSE UPON THE PETITIONER, IN THE FACTS AND CIRCUMSTANCES OF THE CASE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27385 CRL.P No. 9395 of 2025 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 Crime No.101/2025 registered by Kote Police Station, Shivamogga District for the offences punishable under Sections 78 & 351(2) of BNS, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.101/2025 was registered by Kote Police Station, Shivamogga District against the petitioner for the aforesaid offences, on the basis of first information dated 04.06.2025 received from respondent No.2 herein who is the mother of the victim girl, aged - 3 - HC-KAR NC: 2025:KHC:27385 CRL.P No. 9395 of 2025 about 17 years. During the course of investigation, the petitioner was arrested on 05.06.2025 and subsequently remanded to judicial custody. 5. The bail application filed by the petitioner before the Sessions Court was dismissed on 20.06.2025. Therefore, he is before this Court. 6. In the first information submitted by the mother of the victim girl it is stated that the petitioner has been stalking her daughter from the year 2023 onwards and he has been forwarding messages to her mobile from his mobile phone. He also allegedly had purchased a mobile phone and had handed over the same to the victim girl. Inspite of the parents of victim girl advising the petitioner, he had continued to stalk the minor daughter of the first informant and was also pestering her to love him. It is under these circumstances, the first informant had approached the police and based on his complaint FIR in Crime No.101/2025 was registered by Kote Police Station. - 4 - HC-KAR NC: 2025:KHC:27385 CRL.P No. 9395 of 2025 7. The statement of the victim girl, aged about 17 years, who is studying in II PUC was recorded by the jurisdictional Magistrate under Section 183 of BNS, 2023. In the said statement, the victim girl has stated that the petitioner had touched her chest inappropriately inside a bus. However, she has not made any allegation against the petitioner about he committing any kind of penetrative sexual assault on her. 8. FIR has been registered in the present case against the petitioner for the aforesaid offences and the maximum punishment for the alleged offences is imprisonment for a period of five years. The petitioner, who is aged about 25 years having no criminal antecedents is in custody from 05.06.2025. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:27385 CRL.P No. 9395 of 2025 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.101/2025 registered by Kote Police Station, Shivamogga District for the offence punishable under Sections 78 & 351(2) of BNS, 2023 and Sections 8 & 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The petitioner 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; 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; - 6 - HC-KAR NC: 2025:KHC:27385 CRL.P No. 9395 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) 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 NMS