- 1 - HC-KAR NC: 2025:KHC:43783 CRL.P No. 13180 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13180 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SINDHU R/O. RAJAPPA AGED ABOUT 21 YEARS, R/AT NO. 16, 4TH FLOOR, 1ST CROSS, ANUGRAHA LAYOUT, BILEKAHALLI, BENGALURU - 560 076. …PETITIONER (BY SRI. G RAKESH RAJ, ADVOCATE) AND: 1. STATE OF KARNATAKA MICO LAYOUT POLICE STATION BANGALORE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BUILDING COMPLEX, BENGALURU -560 001. 2. SRI. SANJEEV GURAPPA GOWDA POLICE SUB INSPECTOR, MICO LAYOUT POLICE STATION, BENGALURU - 560 076. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP; R2 - SERVED - UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43783 CRL.P No. 13180 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE HER ON BAIL IN SPL.C.C.NO.1873/2021 OF CRIME NO.164/2021 REGISTERED BY RESPONDENT MICO LAYOUT POLICE FOR AN ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 202, 377 READ WITH SECTION 34 OF IPC, SECTION 6, 16 AND 21 OF POCSO ACT AND SECTION 75 OF J.J. ACT, WHICH IS PENDING ON THE FILE OF FTSC - I, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. 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 accused No.2 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Special C.C.No.1873/2021 (arising out of Crime No.164/2021 of Mico Layout Police Station) pending on the file of FTSC - I, Additional City Civil and Sessions Judge, Bengaluru, registered for offences punishable under Sections 302, 201, 202, 377 read with 34 of IPC, Sections 6, 16 and 21 of POCSO Act and Section 75 of J.J. Act. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - 3 - HC-KAR NC: 2025:KHC:43783 CRL.P No. 13180 of 2025 No.1 - State. Inspite of service of notice to respondent No.2, he remained absent and unrepresented. 3. Learned counsel for petitioner would contend that, the murder of deceased - Rahul has not been alleged against the petitioner/accused No.2. The allegation against the petitioner is that, she helped accused No.1 in transporting the dead body. The other allegation against the petitioner is that, she abetted accused No.1 to commit sexual assault on the deceased - Rahul and failed to give that information of committing sexual assault to the concerned Officer. The said offences are not punishable either with death or imprisonment for life. The petitioner is a woman and she is in judicial custody since 27.08.2021. The Trial is not yet completed. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the petitioner/accused No.2 has assisted the accused No.1 to transport and dispose of the dead body. The petitioner/accused No.2 is - 4 - HC-KAR NC: 2025:KHC:43783 CRL.P No. 13180 of 2025 fully knowing that the assault is sexual assault by accused No.1 on the deceased - Rahul, she put ointment to the anus of the deceased - Rahul and she did not inform the commission of offence under POCSO Act to the concerned Officer. The charge sheet materials show that, there is a prima-facie case against the petitioner/accused No.2 for the offences alleged against her. If the petitioner/accused No.2 is granted bail, she will flee from justice and she may not be available for trial. With these, she 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 deceased - Rahul is the son of accused No.3 and accused No.3 had filed a missing complaint of her son deceased - Rahul. The dead body of the deceased - Rahul was found in the jurisdiction of Tamil Nadu. The deceased - Rahul who is the son of accused No.3 was residing with accused Nos.1 and 2 in their house. Accused - 5 - HC-KAR NC: 2025:KHC:43783 CRL.P No. 13180 of 2025 No.2 was in live in relationship with accused No.1 and she is residing with him. Accused No.1 assaulted the deceased on 07.02.2021 and committed his murder. Thereafter, accused No.2 assisted accused No.1 in transporting the dead body. The petitioner/accused No.2 was aware of sexual assault by accused No.1 on the deceased and she has put ointment to his anus. The offences alleged against the petitioner/accused No.2 are Sections 201 and 202 of IPC and Sections 16 and 21 of POCSO Act. The punishment provided for offence under Section 201 is imprisonment which may extend to seven years. The punishment provided for offence under Section 202 is imprisonment which may extend to six months. The punishment provided for offence under Section 16 of POCSO Act is provided under Section 17 and same as that of offence abetted. The punishment provided for offence under Section 21 of POCSO Act is imprisonment for six months. - 6 - HC-KAR NC: 2025:KHC:43783 CRL.P No. 13180 of 2025 7. Learned counsel for petitioner submits that, there are no materials on record to show that, the petitioner/accused No.2 has abetted accused No.1 to commit sexual assault on deceased - Rahul and to show that she was aware of committing the said offence by accused No.1 on the deceased - Rahul. The petitioner is a woman and she is in custody since 27.08.2021 and already four years and two months have elapsed. 8. Considering all the above aspects, the petitioner/accused No.2 has made out a case for grant of bail with conditions. In the result, the following; ORDER This Criminal Petition is allowed. The petitioner/accused No.2 is granted bail in Special C.C.No.1873/2021 (Crime No. 164/2021 of Mico Layout Police Station) pending on the file of FTSC - I, Additional City Civil and Sessions Judge, Bengaluru, subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:43783 CRL.P No. 13180 of 2025 i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 12