- 1 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7263 OF 2025 BETWEEN: SRI. SHANE BIDDAYYA, S/O LATE ROY NANJAPPA, AGED ABOUT 29 YEARS, R/AT FLAT NO.3/2 VIJAYA KIRAN APARTMENT VICTORIYA LAYOUT, BANGALORE - 560 047. …PETITIONER (BY SRI. M.S. SHYAM SUNDAR, SR. COUNSEL, ADVOCATE FOR SRI. PRAVEENA KUMARA NIRVANI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. XXX XXX, …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; SRI. MAHENDRA G, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.6/2025 FOR THE OFFENCE P/U/S 4, 5(L), 6 OF POCSO ACT AND SEC.64(2)(m) OF BNS ACT WHICH REGISTERED BY THE ASHOK NAGAR P.S. PENDING BEFORE THE HONBLE COURT. 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.No.716/2025 pending before the court of FTSC-IV Additional District and Sessions Judge, Bengaluru arising out of Cr.No.6/2025 registered by Ashok Nagar Police Station, Bengaluru for the offences punishable under Sections 4, 5 (L) and 6 of POCSO Act and Section 64(2)(m) of BNSS, 2023 is before this court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 3. FIR in Crime No.6/2025 was registered by Ashok Nagar Police Station for the aforesaid offences against the petitioner herein, based on the first information dated 05.01.2025 received from respondent No.2, who is the mother of the victim girl, who was aged about 17 years as on the date of the alleged crime. 4. During the course of investigation of the case, the petitioner herein was arrested on 06.01.2025 and subsequently remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was dismissed. He had therefore approached this Court in Criminal Petition No. 2322/2025, which was dismissed as not pressed with liberty to the petitioner to approach this Court after examination of the victim girl is completed before the trial court. It is under these circumstances the petitioner is before this Court in this successive bail application. - 4 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 5. Learned Senior Counsel appearing for the petitioner submits that the victim girl aged 18 years has been now examined before the trial court as PW2 and her mother, who is the first informant, has been examined as PW1. The material on record would go to show that PW1 was in relationship with the petitioner and she was continuously pestering him to marry her. Petitioner who has no criminal antecedents is in custody from 06.01.2025. His detention is no more required since the material charge sheet witnesses are examined. Accordingly, he prays for allowing the petition. 6. Per contra, learned HCGP and learned counsel for respondent no.2 have opposed the petition. They submit that the victim girl was a minor as on the date of the alleged crime and therefore the charge sheet offences get attracted against the petitioner. They submit that the victim girl as well as the first informant have supported the case of prosecution and therefore, a prima facie case - 5 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 is made out against the accused. Accordingly, they pray to dismiss the petition. 7. First information is submitted by the mother of the victim girl, who was aged 17 years as on the date of alleged crime, alleging that the petitioner, who was a coach in Karnataka State Lawn Tennis Association, had physically abused the victim girl who was attending his coaching classes and also had sexually assaulted her. The petitioner was arrested in the present case on 06.01.2025. Investigation is completed and charge sheet has been filed. The earlier bail application filed by the petitioner before this court was dismissed as not pressed with liberty to the petitioner to approach this court afresh after examination of the victim girl is completed before the trial court. 8. Before the trial court, the victim girl is now completely examined as PW2 and her mother is examined as PW1. - 6 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 9. Learned senior counsel for the petitioner has pointed out from the depositions that both the witnesses have clearly admitted that the first informant had given a proposal to the petitioner to marry her. He has also stated the what's app messages received from the mother of the victim girl also reflect the same. This court at this stage cannot appreciate the depositions of the witnesses and hold a mini trial. The fact remains that the material prosecution witnesses have already been examined and therefore there cannot be any apprehension that the petitioner may tamper with the prosecution witnesses. The petitioner, who is the coach in the Karnataka State Lawn Tennis Association, is in custody from 06.01.2025. Undisputedly he has no criminal antecedents. The prosecution in all has cited 20 charge sheet witnesses in the present case, out of which only 2 witnesses have been examined. Therefore, I am of the view that the petitioner's prayer for grant of regular bail is to be answered affirmatively without expressing any opinion on - 7 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 the merits or demerits of the case. Accordingly the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Cr.No.6/2025 registered by Ashok Nagar Police Station, Bengaluru registered for the offences punishable under Sections 4, 5(L) and 6 of POCSO Act and Section 64(2)(m) of BNSS, 2023, subject to the following conditions: a) Petitioner shall execute 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; - 8 - HC-KAR NC: 2025:KHC:26613 CRL.P No. 7263 of 2025 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 SD List No.: 1 Sl No.: 42 CT: BHK