- 1 - HC-KAR NC: 2025:KHC:53567 CRL.P No. 15796 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15796 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SHIVAKUMAR S/O LATE SHIVANNA, AGED ABOUT 38 YEARS, RESIDING AT RAMANAHALLI VILLAGE, BIDADI HOBLI, RAMANAGAR TALUK - 562 109. …PETITIONER (BY SRI. RAJESH.A.,ADVOCATE) AND: 1. STATE BY BIDADI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. SAHANA R U W/O MADHU, AGED ABOUT 27 YEARS, RESIDING AT RAMANAHALLI VILLAGE, BIDADI HOBLI, RAMANAGAR TALUK - 562 109. …RESPONDENTS (BY SMT. WAHEEDA M.M. HCGP) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53567 CRL.P No. 15796 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE ACCUSED ON REGULAR BAIL IN SPL.C.NO.118/2024 CONNECTED WITH CR.NO.199/2024 OF THE BIDADI P.S. FOR AN OFFENCE P/U/S 8,12,4(2) AND 6,64(2)(m), 87 BNS 2023 AND SECTION 9 OF POCSO ACT 2012 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. Case No.118/2024 pending before the Court of I Additional District and Sessions Judge, Ramanagar arising out of Crime No.199/2024 registered by the Bidadi Police Station for the offences punishable under Sections 8, 12, 4(2) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court in this successive bail petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent No.1. Respondent No.2 is served and has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:53567 CRL.P No. 15796 of 2025 3. F.I.R. in Crime No.199/2024 was registered by Bidadi Police Station against the petitioner herein based on the first information submitted by respondent No.2 who is the mother of the victim girl aged about 5 years. During the course of investigation of the case, the petitioner was arrested on 28.05.2024 and subsequently remanded to judicial custody. 4. The bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had earlier approached this Court in Crl.P.No.9166/2024 which was dismissed as not pressed on 26.09.2024 with liberty to the petitioner to file a fresh petition before the jurisdictional Sessions Court after charge sheet is filed. 5. Police after completing investigation have filed charge sheet against the petitioner for the aforesaid offences. Bail application filed by the petitioner subsequently before the trial Court in - 4 - HC-KAR NC: 2025:KHC:53567 CRL.P No. 15796 of 2025 Crl.Misc.No.585/2025 was rejected on 23.07.2025. It is under these circumstances, petitioner is before this Court. 6. F.I.R was initially registered against the petitioner for offences punishable under Sections 8 and 12 of POCSO Act. In the first information it is submitted that, on 28.05.2024 when the first informant and her husband were at home their daughter (victim girl) who was playing outside the house along with the children of the petitioner herein was found missing. When the first informant and her husband searched, the victim was traced beneath a cot inside their house and on enquiry she allegedly informed that at about 6.30 p.m, on that day, petitioner had taken her inside his house to his bathroom and had touched her chest and private parts inappropriately and also inserted his finger into her private part. When the parents of the victim girl along with the neighbourers went and enquired with petitioner, he allegedly abused them and therefore the mother of the victim girl had approached - 5 - HC-KAR NC: 2025:KHC:53567 CRL.P No. 15796 of 2025 police and based on her first information, FIR was registered against the petitioner for the aforesaid offences. 7. During the course of investigation the petitioner was arrested and remanded to judicial custody on 28.05.2024. Victim girl was subjected to medical examination on 29.05.2024. However, the victim girl and her mother had not cooperated before the doctor for her medical examination and therefore in the medical report of the victim girl, no opinion about sexual harassment has been given. In the medical report it is clearly stated that the genital and local examination of the victim girl was not done since the victim girl and her parents had not cooperated for the same. 8. Petitioner aged about 38 years who has minor daughters, is in custody for more than one and half years. Records would reveal that petitioner and the father of the victim girl are working in the same company. Except for the statement of victim girl and her mother, the - 6 - HC-KAR NC: 2025:KHC:53567 CRL.P No. 15796 of 2025 prosecution has not collected any other material to substantiate the allegation against the petitioner which would attract offences punishable under Section 4 and 6 of the POCSO Act. 9. Under circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case. 10. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.199/2024 registered by the Bidadi Police Station for the offences punishable under Sections 8, 12, 4(2) and 6 of POCSO Act subject to the following conditions: a) Petitioner shall execute 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; - 7 - HC-KAR NC: 2025:KHC:53567 CRL.P No. 15796 of 2025 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; Sd/- (S VISHWAJITH SHETTY) JUDGE RU, List No.: 1 Sl No.: 4