- 1 - HC-KAR NC: 2025:KHC:27497 CRL.P No. 9714 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9714 OF 2025 BETWEEN: VENKATESH S/O GOVINDAPPA AGED ABOUT 52 YEARS R/AT HULLENAHALLI VILLAGE BIRUR HOBLI, KADUR TALUK CHIKKAMAGALURU DISTRICT PIN - 577 116. …PETITIONER (BY SRI AKRAM PASHA K, ADV.) AND: 1. STATE BY BIRUR POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; R-2 SERVICE HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER HEREIN ARRAYED AS SOLE ACCUSED IN CR.NO.39/2025 NOW IN SPL.C(P).NO.51/2025, FOR THE OFFENCES P/U/S 74,78(2),127(2),75(2) OF BNS, 2023, U/S 8 AND 18 OF POCSO ACT, 2012,PENDING ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27497 CRL.P No. 9714 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Spl.C.No.51/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Chikkamagaluru, arising out of Crime No.39/2025 registered by Birur Police Station, Chikkamagaluru District, for the offences punishable under Sections 74, 78(2), 127(2), 75(2) of BNS, 2023, and Sections 8 & 18 of POCSO Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.39/2025 was registered Birur Police Station, Chikkamagaluru District, against the petitioner initially for the offences punishable under Section 74 of BNS, 2023, and Sections 8 & 12 of the POCSO Act, based on the first information dated 28.03.2025 received from respondent no.2 - father of the alleged victim girl aged about 15 years. During the course of investigation, petitioner was arrested on 28.03.2025 and subsequently remanded to judicial custody. After completing investigation in the case, charge sheet has been filed against the petitioner for the aforesaid offences. His bail - 3 - HC-KAR NC: 2025:KHC:27497 CRL.P No. 9714 of 2025 application filed before the Trial Court was rejected on 24.06.2025. Therefore, petitioner is before this Court. 4. Perusal of the first information which is submitted by the father of the victim girl would go to show that the allegation against the petitioner is that he had taken the victim girl to his house and had misbehaved with her. It is under these circumstances, first information was initially registered against the petitioner for the offences punishable under Sections 8 & 12 of POCSO Act and Section 74 of BNS, 2023. During the course of investigation, petitioner was arrested on 28.03.2025. The statement of the victim girl aged about 15 years, under Section 183 of BNSS, 2023, was recorded on 29.03.2025. In the said statement, she has not made allegation against the petitioner about he committing any kind of penetrative sexual assault. On the other hand, she has stated that after taking her inside his house, he had locked the door of the house, and thereafter, he had made her fall on the floor and even he fell on her. Except the aforesaid, there is no allegation against the petitioner aged about 52 years who is an agriculturist by avocation. - 4 - HC-KAR NC: 2025:KHC:27497 CRL.P No. 9714 of 2025 5. Learned Counsel for the petitioner has submitted that there is a dispute with regard to a landed property between two families, and therefore, a false case has been registered against the petitioner. 6. Be that as it may, the maximum punishment for the charge sheeted offences is imprisonment for a period of five years. Under the circumstances, I am of the opinion that prayer made by the petitioner who is in custody from 28.03.2025 for grant of regular bail, is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.51/2025 pending before the Court of Addl. District & Sessions Judge, FTSC-1, Chikkamagaluru, arising out of Crime No.39/2025 registered by Birur Police Station, Chikkamagaluru District, for the offences punishable under Sections 74, 78(2), 127(2), 75(2) of BNS, 2023, and Sections 8 & 18 of POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR NC: 2025:KHC:27497 CRL.P No. 9714 of 2025 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; 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 KK