IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3708 OF 2025 BETWEEN:

GHOUSE @ GIRI, S/O. SHEIK MAHAMAD, AGED ABOUT 36 YEARS, R/AT NO.500, NEAR DODDA MASJID, AMJANAPURA ROAD, AVALAHALLI, BENGALURU - 560 064.

(NOW IN JUDICIAL CUSTODY)

…PETITIONER (BY SRI. GIREESHA RJ., ADVOCATE)

Digitally signed by SWAPNA V AND:

Location: High Court of 1. STATE BY THALAGHATTAPURA Karnataka POLICE STATION BENGALURU - 560 109.

REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

2. *****

…RESPONDENTS (BY SMT. PUSHPALATHA .B., ADDL. S.P.P. FOR R1 R2 - SD)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)

PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.NO.1058/2024 IN CR.NO.441/2024 FOR THE ALLEGED OFFENCES U/S 75 OF BNS, 2023 AND SEC. 7, 8, 9(M) AND 10 OF THE POCSO ACT, 2012, REGISTERED BY THALAGHATTAPURA POLICE STATION, BENGALURU, NOW PENDING ON THE FILE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BENGALURU RURAL DIST, BENGALURU.

THIS CRL.P, 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 Spl.C.No.1058/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.441/2024 registered by Thalaghattapura Police Station, Bengaluru, for offence punishable under Section 75 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections 7, 8, 9(m) and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.

2. Heard the learned counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court.

3. FIR in Crime No.441/2024 was registered by Thalaghattapura Police Station, Bengaluru initially for the offences punishable under Section 74 of BNS and Sections 7 and 8 of POCSO Act on the basis of the first information dated 22.10.2024 received from respondent No.2, who is the father of the victim girl, aged about 6 years.

4. During the course of investigation of the case, petitioner herein was arrested on 22.10.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against him for the aforesaid offences. Bail application filed by the petitioner in Crl.Misc.No.256/2025 before the Jurisdictional Sessions Court which was rejected on 27.02.2025. Therefore, the petitioner is before this Court.

5. Perusal of the material on record would go to show that allegation against the petitioner is that on the night of 21.10.2024 at about 22.30 hours he had entered the place where the children of the first informant were sleeping and had inappropriately touched the victim girl. In respect of alleged incident that had taken place on 21.10.2024, first information was subsequently filed on 22.10.2024 at about 1.30 hours. Petitioner was arrested on 22.10.2024 itself. Investigation of the case is completed and the charge sheet has been filed.

Maximum punishment for the aforesaid offences is imprisonment for a period of 5 years. Petitioner has no other criminal antecedents. Considering the nature of allegations found against the petitioner and also his antecedents, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

Accordingly, the following:-

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No. 441/2024 registered by Thalaghattapura Police Station, Bengaluru, for offence punishable under Section 75 of BNS and Sections 7, 8, 9(m) and 10 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 lik