- 1 - HC-KAR NC: 2026:KHC:2019 CRL.P No. 15165 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15165 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRINIVAS REDDY S/O LATE CHINNAREDDY AGED ABOUT 65 YEARS RESIDING AT THARALU UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE 3 560 061. &PETITIONER (BY SRI VENKATA REDDY G K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KAGGALIPURA PS BANGALORE - 560 082. REP. BY PUBLIC PROSECUTOR HIGH COURTS, BANGALORE 3 560 001. 2. ARCHANA W/O. LATE MUNIRAJU AGED ABOUT 36 YEARS RESIDING AT TARALU VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE. &RESPONDENTS (BY SRI HARISH GANAPATHY, HCGP FOR R1 R2 SERVED , UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2019 CRL.P No. 15165 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.304/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75 OF BNS AND SECTION 8, 12 OF POCSO ACT, REGISTERED BY THE KAGGALIPURA POLICE. 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 sole accused under Section 483 of BNSS praying to grant bail in Crime No.304/2025 of Kaggalipura Police Station, registered for the offences under Section 75 of BNS and Sections 8 and 12 of POCSO Act. 2. Heard the learned counsel for petitioner and learned HCGP for Respondent No.1/State. Inspite of service of notice respondent No.2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that the offences alleged against the petitioner are punishable with imprisonment which may extend to 3 - 3 - HC-KAR NC: 2026:KHC:2019 CRL.P No. 15165 of 2025 years. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 30.08.2025. The special Teacher who examined the victim has stated that victim is not able to talk and say what she wanted to say and she is talking something else. Except the school certificate, no other document is produced to show the date of birth of the victim girl. The further statement of the complainant indicates that she has not consented for medical examination of the victim girl. The petitioner has also been assaulted by the villagers and in that regard the wife of the petitioner has filed complaint and a case has been registered in Crime No.307/2025 against seven persons including CW.1. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the victim's date of birth is 07.11.2008 and as on the date of incident she was aged 16 years 9 months. The - 4 - HC-KAR NC: 2026:KHC:2019 CRL.P No. 15165 of 2025 victim is a mentally disabled person and she is not able to talk. CW.1, who is the mother of the victim girl, is an eyewitness to the incident. The charge sheet materials show prima-facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that on 28.08.2025 at about 07.15 P.M. CW.1 saw the petitioner with the victim girl sitting on a sand heap and at that time the pant and nicker of the victim have been removed and on seeing the complainant, the petitioner ran away from the spot. The date of birth of the victim is 07.11.2008 and she is stated to be mentally disabled and not able to talk. The offence alleged against the petitioner under - 5 - HC-KAR NC: 2026:KHC:2019 CRL.P No. 15165 of 2025 Section 8 of POCSO Act is provided with a punishment of imprisonment which may extend to 5 years and offence under Section 12 is provided with punishment which may extend to 3 years. The petitioner is in judicial custody since 30.08.2025 and as charge sheet is filed, he is not required for custodial interrogation. The petitioner is aged 65 years and there are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Crime No.304/2025 of Kaggalipura Police Station, subject to the following conditions: (i) The petitioner shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the - 6 - HC-KAR NC: 2026:KHC:2019 CRL.P No. 15165 of 2025 like sum to the satisfaction of the trial Court. (ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioner shall attend the trial Court, all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 9 Ct.sm