- 1 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5165 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. NARASIMHAMURTHY K G SON OF GANGADARAPPA, AGED ABOUT 32 YEARS, RESIDDING AT KENKARE VILLAGE, HOSURU HOBLI, GOWRIBIDANURU TALUK, CHIKKABALLAPURA - 561 210. …PETITIONER (BY SRI RAJANNA B.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, BENGALURU DISTRICT WOMEN POLICE STATION, BENGALURU RURAL DISTRICT - 561 203, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT, COURT COMPLEX, BENGALURU - 560 001. 2. SMT. BHAGYAMMA WIFE OF KRISHNAPPA AGED ABOUT 36 YEARS R/AT KULIMENAHALLI VILLAGE, HALEHALLI POST, MANCHENAHALLI HOBLI. GOWRIBIDANURU TALUK, CHIKKABALLAPURA. …RESPONDENTS (BY SMT. WAHEEDA M. M., HCGP) Digitally signed by SWETA KULKARNI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.135/2023, SPL.CASE NO.72/2024 OF BENGALURU DISTRICT WOMEN POLICE, BENGALURU RURAL DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 506, R/W SECTION 34 OF I.P.C AND UNDER SECTION 4(2), 5(L), 6 OF POCSO ACT 2012, WHICH IS PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE (FTSC-I), BENGALURU RURAL DISTRICT, BENGALURU. 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 No.1 in Special Case No.72/2024 pending before the Court of Additional District and Sessions Judge and FTSC-I, Bengaluru Rural District, arising out of Crime No.135/2023 registered by Women Police Station, Bengaluru Rural district for offence punishable under Section 506 read with Section 34 of Indian Penal Code, 1860 and Sections 4(2), 5(l), 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court in this successive bail petition filed under Section 439 of Cr.P.C. - 3 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 2. Heard the learned counsel for the parties. 3. FIR in Crime No.135/2023 was registered by Women Police Station, Bengaluru Rural District initially for the offence punishable under Section 363 of IPC against unknown person based on the first information dated 12.12.2023 received from respondent No.2 who is the mother of victim girl who was then aged about 15 years. During the course of investigation, the victim girl was traced and subsequently the petitioner was arrested and remanded to judicial custody on 08.01.2024. After completing investigation, charge sheet has been filed against two persons and the petitioner is arrayed as accused No.1 in charge sheet. His bail application filed before the Trial Court was rejected and therefore he approached this Court for bail in Criminal Petition No.6256/2024 which was dismissed as withdrawn by order dated 30.07.2024 with liberty to the petitioner to file a fresh bail petition after examination of the victim and her - 4 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 mother is completed before the Trial Court. It is under these circumstances, the petitioner is before this Court. 4. Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that material charge sheet witnesses including the victim and her mother have been already examined before the Trial Court. Petitioner who has no other criminal case is in judicial custody for last more than two years. He has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. She however states that in the event petitioner is enlarged on bail, he is likely to not only tamper with the prosecution witnesses, but also likely to flee away from justice. Accordingly, she prays to dismiss the petition. - 5 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 6. FIR in the present case was registered against unknown person in Crime No.135/2023 after the victim girl was found missing on 11.12.2023. Efforts made to trace her by her parents and relatives had failed and it is under these circumstances, her mother had approached the police and FIR was registered initially for offence punishable under Section 363 of IPC against unknown persons. During the course of investigation, victim was traced at Gouri Bidanur bus stop and she was brought back to her village. Subsequently, petitioner was arrested on 08.01.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. 7. In the charge sheet it is alleged that petitioner used to visit the house of accused No.2 at Chikkaballapur village in Gouri Bidanur taluk and the victim girl was staying in a house adjacent to the house of accused No.2. Petitioner allegedly had asked accused No.2 to give his phone number to the victim girl – CW-2 and to inform CW- - 6 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 2 that he was in love with her. Accordingly, accused No.2 had given the phone number of accused No.1 to CW-2 and thereafter CW-2 had contacted accused No.1 on his mobile phone and they were speaking to each other. It is further alleged that on 11.12.2023 when the victim girl had gone near S.S. Ghati temple for the purpose of fruit business, the petitioner came there and took her along with him and thereafter they travelled to Mysuru and stayed in a lodge. It is alleged that petitioner had forcible sexual intercourse with the victim girl while they stayed in the lodge at Mysuru and thereafter they had returned to Gouri Bidanur and had stayed in a lodge near railway station at Gouri Bidanur. In the charge sheet it is alleged that even in the lodge at Gouri Bidanur, the petitioner had sexual intercourse with the victim girl against her wishes and thereafter had abandoned her near the bus stop at Gouri Bidanur. Bail application filed by the petitioner before this Court in Criminal Petition No.6256/2024 was dismissed as withdrawn with liberty to the petitioner to file fresh bail - 7 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 application after the victim and her mother are examined before the Trial Court. 8. Material made available to this Court would go to show that, the mother of the victim girl is examined before the Trial Court as PW-1 and the victim girl has been examined as PW-2. In addition to the aforesaid witnesses, the prosecution has examined 22 other charge sheet witnesses and thereby altogether 24 charge sheet witnesses out of the 36 charge sheet witnesses cited in the present case have been now examined before the Trial Court as PW-1 to PW-24. Undisputedly, the petitioner has no other criminal antecedents and he is in judicial custody for the last more than two years. It is trite that an accused cannot be kept in custody as a punitive or a preventive measure. Out of 36 charge sheet witnesses, till date only 24 charge sheet witnesses have been examined and therefore, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote. Since all the material charge sheet - 8 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 witnesses are now examined, there cannot be any apprehension that the petitioner may tamper with the material charge sheet witnesses. Under the circumstances, I am of the view that the prayer made by the petitioner for granting regular bail is to be answered affirmatively without expressing any opinion on the merits or demerits of the case. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.72/2024 pending before the Court of Additional District and Sessions Judge and FTSC-I, Bengaluru Rural District arising out of Crime No.135/2023 registered by Women Police Station, Bengaluru Rural district for offence punishable under Section 506 read with Section 34 of Indian Penal Code, 1860 and Sections 4(2), 5(l), 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 9 - HC-KAR NC: 2026:KHC:19985 CRL.P No. 5165 of 2025 likesum, to the satisfaction of the jurisdictional Court; b) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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 SWK List No.: 19 Sl No.: 1