IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3767 OF 2025 BETWEEN: SANTHOSH, S/O BHIMARAYYA, AGED ABOUT 22 YEARS, R/AT RAMAPURA VILLAGE, GAJARAKOTE GRAMPANCHAYATH, GURUMITKAL TALUK, YADGIRI DISTRICT, KARNATAKA - 560 061.

…PETITIONER (BY SRI. VINAYA B R.,ADVOCATE)

AND:

1. STATE OF KARNATAKA BY BAGALURU POLICE STATION, BANGALORE RURAL DISTRICT Digitally signed by (REP.BY SPP HIGH COURT OF KARNATAKA AT NANDINI MS BANGALORE - 560 001)

Location:

HIGH COURT OF KARNATAKA 2. XXX XXX, …RESPONDENTS (BY SMT.PUSHPALATHA B., ADDITIONAL SPP FOR R-1;

NOTICE TO R-2 IS HELD SUFFICIENT VIDE ORDER DATED 08.04.2025)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE REGULAR BAIL IN CRIME NO.262/2024 OF THE RESPONDENT BAGALURU POLICE REGISTERED A CASE FOR O/P/U/S 137(2) OF BNS AND SECTION 4(2), 5(I) AND 6 OF THE POCSO ACT. WHICH IS PENDING ON THE FILE OF FAST TRACK SPECIAL COURT-1, BENGALURU CITY.

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 in Spl.C.No.927/2024 pending before the Court Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.262/2024 registered Bagalur Police Station, Bengaluru City, for offences punishable under Sections 137(2) of BNS, 2023 and Sections 4(2), 5(l) and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned Counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court.

3. FIR in Crime No. 262/2024 was registered by Bagalur Police Station, Bengaluru City, initially for offences punishable under Section 137(2) of BNS, 2023 against unknown persons, based on the first information dated 08.09.2024, received from respondent No.2, who is the father of the victim girl.

4. During the course of investigation of the case, petitioner herein was arrested on 08.09.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet is filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.2792/2024 was rejected on 01^st March, 2024.

Therefore, petitioner is before this Court.

5. Learned Counsel for the petitioner has produced the depositions of P.W-1, P.W-2 and P.W-3 and submits that the said witnesses have turned hostile to the case of the prosecution. Petitioner has no other criminal antecedents. Accordingly, he prays to allow this petition.

6. Per contra, learned Additional SPP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner.

7. Petitioner aged about 22 years having no criminal antecedents is in custody from 08.09.2024 onwards. The first informant, who is the father of the victim girl has been examined in the present case as P.W-1 and victim girl has been examined as P.W-2. P.W-1 and P.W-2 have turned hostile to the case of the prosecution and though they have been cross-examined by the State Public Prosecutor, nothing material has been elicited from their mouth, which is incriminating as against the accused. Mother of the victim girl has been examined as P.W-3 and even P.W-3 has turned hostile to the case of the prosecution. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-

ORDER

The petition is allowed The petitioner is directed to be enlarged on bail in Spl.C.No.927/2024 pending before the Court Additional District and Sessions Judge, FTSC-I, Bengaluru Rural Dis