- 1 - HC-KAR NC: 2025:KHC:36602 CRL.P No. 9686 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9686 OF 2025 BETWEEN: SRI VISHNU S/O SHASHIKUMAR AGED ABOUT 21 YEARS, RESIDING AT ALLIKUNTE, KADIRENHALLI -VILLAGE, K.G.F (BANGARAPET) -TALUK, KOLAR-DISTRICT. (SOLE ACCUSED IN CR.NO 46/2025) (SINCE 14/02/2025 IN CUSTODY) …PETITIONER (BY SRI. B. M. LOKESH, ADVOCATE) AND: 1. STATE BY MULABAGAL RURAL P.S. KOLAR-DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001 2. SRI. MANJUNATH S/O LATE VENKATESHAPPA AGED ABOUT 45 YEARS RESIDING AT PUTTERI-VILLAGE, MULABAGALU-TALUK, KOLAR-563 131 …RESPONDENTS (BY MISS ASMA KOUSER, ADDL. SPP FOR R1, R2 - SERVED.) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36602 CRL.P No. 9686 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT THE REGULAR BAIL TO THIS PETITIONER AND RELEASE HIM IN CR.NO.46/2025 REGISTERED BY RESPONDENT NO.2 MULBAGAL RURAL P.S., KOLAR DISTRICT, FOR THE OFFENCES P/U/S 137(2), 64, 351(2) OF BNS, 2023 AND U/S 6 OF POCSO ACT, 2012, NOW IN SPL.C.NO.28/2025 ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional S.P.P. for the State and perused the material on record. 2. On a missing complaint lodged by the victim’s father, regarding missing of his minor daughter aged about 17 years, a case in Crime No. 46 of 2025 was registered at Mulbagal Rural Police Station for the offence punishable under Section 137(2) of BNS, 2023. 3. On tracing the victim, her statement was recorded by the police as well as by the learned Magistrate under Section 183 of BNSS, 2023. - 3 - HC-KAR NC: 2025:KHC:36602 CRL.P No. 9686 of 2025 4. Petitioner was arrested on 18.02.2025. He is in judicial custody since then. Investigation is completed and charge sheet is filed. However, the evidence of the victim girl is yet to be recorded. 5. Learned counsel for petitioner submits that he may be permitted to withdraw the petition with liberty to file a fresh bail petition before the Sessions Court, once the evidence of the victim girl is recorded. 6. Learned Additional SPP submits that the date is fixed before the trial Court on 24.09.2025, to record the evidence. 7. In light of the submission made by the learned counsel for petitioner, petition is dismissed as withdrawn, reserving liberty to the petitioner to file a fresh bail application before the trial Court, once the evidence of the victim girl is recorded. - 4 - HC-KAR NC: 2025:KHC:36602 CRL.P No. 9686 of 2025 8. The learned Sessions Judge shall record the evidence of the victim, expeditiously, keeping in view the relevant provisions of the POCSO Act, 2012. If an application for bail is filed, the same shall be considered in accordance with law. All the contentions are kept open. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM List No:1, Sl No:30