- 1 - HC-KAR NC: 2025:KHC:31398 CRL.P No. 10157 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. 10157 OF 2025 BETWEEN: SUSHANTH KUMAR KUNDA @ PANDA S/O LATE BABULA, AGED ABOUT 26 YEARS, R/O SURESH REDDY'S RENTED HOUSE, OPP. GOVERNMENT SCHOOL, APPAREDDY PALYA, INDIRANAGAR, BENGALURU-560 038. PERMANENT ADDRESS AT: MUKUNDAPURA VILLAGE, KHARIYA GUNDA, GANGAM DISTRICT, ODISHA STATE-761 209 …PETITIONER (BY SRI. G. RAKESH RAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH JEEVAN BHEEMA NAGAR P.S., BANGALORE REP BY: STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-01. 2. MR. MUDIT GUPTA S/O VIJENDRA KUMAR GUPTA, AGED ABOUT 45 YEARS, R/AT SL.NO.103, SREERAM Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31398 CRL.P No. 10157 of 2025 SPANDANA APARTMENTS, CHALLAGHATTA, BANGALORE-560 037. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.148/2025 REGISTERED BY RESPONDENT JEEVAN BHEEMA NAGAR POLICE, PUNISHABLE UNDER FOR THE OFFENCE PUNISHABLE UNDER SECTION 8 AND 12 OF POCSO ACT, PENDING BEFORE ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (FTSC-1). 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 filed by the petitioner to enlarge him on bail in Crime No.148/2025 of Jeevan Bheemanagar Police Station, registered for the offence punishable under Section 8 and 12 of POCSO Act, 2012. 2. Complaint is lodged by the victim’s father, on the basis of which the aforementioned crime was registered against the petitioner. - 3 - HC-KAR NC: 2025:KHC:31398 CRL.P No. 10157 of 2025 3. It is alleged by the complainant that his younger daughter aged 11 years when visited her friend at B-4 Block of the Apartment and entered the lift, a Swiggy delivery boy who was present inside the lift, touched her inappropriately and kissed her on her lips. 4. The incident is alleged to have taken place on 01.06.2025 at about 7.00 p.m. The complaint is lodged on the next day at about 11.30 p.m. It is stated that the details of the CCTV footages were checked through My Gate (Apartment Guest Management App) and after identifying the accused, the complaint was lodged. Petitioner claims to be innocent. 5. Learned counsel submits that the offences alleged are not punishable with death or imprisonment for life. He contended that the maximum sentence which may be imposed for the offence alleged is 5 years. Petitioner is arrested and interrogated and he is in custody from 03.06.2025. He is not required for further interrogation - 4 - HC-KAR NC: 2025:KHC:31398 CRL.P No. 10157 of 2025 and now the charge sheet is also filed. Therefore, prays to enlarge the petitioner on bail by imposing conditions. 6. Learned High Court Government Pleader has contended that if the petitioner is enlarged on bail, he may try to contact the victim and threaten her, in that event the case of the prosecution will be hampered. He has therefore, sought to dismiss the petition. 7. As per complaint averments, on the basis of CCTV footage and the details obtained through My Gate (Apartment Guest Management App), the accused was identified. Petitioner claims to be innocent of the offences alleged against him. He is already arrested and interrogated. He is in judicial custody from 03.06.2025. Investigation is completed and charge sheet is filed. Considering the punishment prescribed for the alleged offences and also considering that the investigation is completed and charge sheet is filed, by imposing necessary conditions, relief sought by the petitioner can be granted. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:31398 CRL.P No. 10157 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.148/2025 of Jeevan Bheemanagar Police Station, Bengaluru City, shall be released 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 mark his attendance at Jeevan Bheemanagar Police Station, every Sunday between 11.00 a.m., and 1.00 p.m., for a period of 6 months. 5. He shall not indulge himself in committing any offence. - 6 - HC-KAR NC: 2025:KHC:31398 CRL.P No. 10157 of 2025 6. He shall appear before the trial Court on every effective date of hearing. Violation of any of the above conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 74