- 1 - HC-KAR NC: 2026:KHC:15946 CRL.P No. 16870 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.16870 OF 2025 (439(2)(Cr.PC)/483(3)(BNSS)) BETWEEN: MR. BHARANITHARAN S/O. SETHU PONNUSWAMY, AGED ABOUT 47 YEARS, R/AT. B901, G.R RICHMOND PARK, LAKE ROAD, GOTTIGERE, BENGALURU-560083. …PETITIONER (BY SRI. ROHITH KASHYAP M.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HULIMAVU POLICE STATION, BENGALURU-560083, REPRESENTED BY ITS S.P.P. HIGH COURT BUILDING, BENGALURU-560001. 2. MR. SURESH BALAJI P, S/O. PANNEER SELVAM, AGED ABOUT 30 YEARS, R/AT. NO. 215, HPS COMPLEX, NOBEL RESIDENCY ROAD, DODDA KAMMANAHALLI, BENGALURU-560083. …RESPONDENTS (BY SRI. HARISH GANAPATI, ADVOCATE FOR R1; SRI. PRAVEEN C., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 439(2) CR.P.C (U/S 483(3) BNSS) PRAYING TO DIRECT THE BAIL GRANTED TO RESPONDENT NO.2/ACCUSED VIDE ORDER DATED 28.10.2025 IN CRL.P.NO.10423/2025 AND DIRECT HIS IMMEDIATE ARREST AND REMAND TO JUDICIAL CUSTODY; DIRECT A FRESH INQUIRY INTO THE HANDLING OF DIGITAL EVIDENCE RECOVERED FROM THE ACCUSED; AND ETC. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2026:KHC:15946 CRL.P No. 16870 of 2025 THIS CRIMINAL 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 the complainant under Section 483 (3) of Bharatiya Nyaya Suraksha Sanhita, 2023 (‘BNSS’ for short) praying to cancel the bail granted to respondent No.2-accused vide order dated 28.10.2025 passed in Crl.P. No.10423/2025 and direct him to surrender before the trial Court. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State. Learned counsel for respondent No.2-accused is absent. 3. Learned counsel for the petitioner would contend that the petitioner is receiving several phone calls and one of them is from one Varadarajan and he is the relative of respondent No.2-accused, in that regard, the petitioner had made a complaint and it is registered in NCR No.1618/2025 before the Hulimavu Police Station. The respondent No.2- - 3 - HC-KAR NC: 2026:KHC:15946 CRL.P No. 16870 of 2025 accused is stated to have had physical relationship with several other girls as reported in several news papers which are produced at Annexure-B and they are reported on the basis of the statements made by the Police officials. Hence, it is submitted that there is more gravity of the offence alleged against the respondent No.2-accused. The petitioner made enquiry with the Police with regard to the said aspect and Police told him that Police have not received any other complaint from any other girls. He further submits that it is a duty of the Police under Section 19 of the POCSO Act, to intimate the jurisdictional Police or register a case in that regard. On these grounds, he prayed to allow the petition. 4. The learned High Court Government Pleader for respondent No.1-State would contend that he has no instructions regarding what is the further course of action in NCR No.1618/2025. 5. Having heard the learned counsel and the learned High Court Government Pleader, this Court has - 4 - HC-KAR NC: 2026:KHC:15946 CRL.P No. 16870 of 2025 perused the order granting bail to the respondent No.2- accused and the other materials placed on record. 6. The bail granted can be cancelled for violation of conditions imposed in the order. One of the conditions imposed in the order dated 28.10.2025 is that, the accused shall not temper the prosecution witnesses either directly, or indirectly. It is alleged that one Varadarajan has made a phone call to the petitioner asking him to withdraw the complaint and the said Varadarajan is stated to be a relative of respondent No.2-accused. In that regard, the petitioner has made a complaint and it is registered in NCR No.1618/2025 at Hulimavu Police Station. The said NCR is registered on 29.11.2025, what is the investigation in the said NCR or enquiry by the Police is not placed on record. Whether the said conversation is related to respondent No.2- accused is also not placed on record and what is the conversation between the Varadarajan and petitioner which is stated to have taken place for 19 minutes, is also not placed on record. Therefore, at this stage, it cannot be said that, the said Varadarajan is the relative of the respondent - 5 - HC-KAR NC: 2026:KHC:15946 CRL.P No. 16870 of 2025 No.2-accused and at his instance he made a phone call to the petitioner for withdrawing the complaint. 7. The paper cuttings produced at Annexure-B with regard to the respondent No.2-accused as having physical relationship with eight other girls and stated to have been published at the instance of the Police, will not enhance the gravity of the offence alleged against the respondent No.2- accused as charge sheet filed is only pertaining to one victim girl. 8. There is no violation of any of the conditions imposed by this Court in the order dated 28.10.2025 passed in Crl.P. No.10423/2025 and there are no grounds made out for cancellation of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT:VH List No.: 19 Sl No.: 3