IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12567 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

1. WAHID PASHA S/O ANSAR PASHA AGED 24 YEARS, R/AT: NO.8/A, 1^ST CROSS, NEAR SIDDIQUE MASJID, GANGONDANAHALLI, BANGALORE - 560 039.

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

AND:

1. STATE OF KARNATAKA BY BY CHANDRA LAYOUT POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by HIGH COURT OF KARNATAKA, LAKSHMINAR AYANA MURTHY RAJASHRI BANGALORE - 560 001.

Location: HIGH COURT OF KARNATAKA 2. AIYSHA W/O MANSUR, AGED ABOUT 37 YEARS, R/AT NO.65, 4^TH MAIN ROAD, 6^TH CROSS, NEAR MECCA MASJID, GANGONDANAHALLI, BANGALORE - 560 039.

…RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;

SRI. MADHU E.K., ADVOCATE FOR R2)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.1735/2025 (CRIME NO.234/2025) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(m), 65(1), 87, 127(2) OF BNS AND UNDER SECTION 6 OF POCSO ACT, PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSONS JUDGE, FTSC-V AT BENGALURU.

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 the sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C.No.1735/2025 (Crime No.234/2025 of Chandra Layout Police Station) registered for offences punishable under Sections 64(2)(m), 65(1), 87 and 127(2) of Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act, pending on the file of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru.

2. Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent No.1 - State and learned counsel for responded No.2. 3. Learned counsel for petitioner would contend that, the victim girl has been examined as P.W.2 and respondent No.2 - complainant who is the mother of victim girl has been examined as P.W.1, they have turned hostile and not supported the case of the prosecution. The petitioner is in judicial custody since 09.06.2025. Therefore, he is not required for custodial interrogation. He further submits that, there is a settlement between the petitioner, respondent No.2 and the victim girl. Under the said settlement, the petitioner has agreed to marry the victim girl after she attains the age of majority. With these, he prayed to allow the petition.

4. Learned counsel for respondent No.2 submits that, respondent No.2 has no objection for grant of bail to the petitioner. He further submits that, there is a settlement between the petitioner and respondent No.2, wherein the petitioner and his family members have agreed for marriage of the petitioner with respondent No.2 - victim girl after she attains the age of majority.

5. Learned High Court Government Pleader would contend that, the charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. P.W.1 - the complainant and P.W.2 - the victim girl are examined and they have not supported the case of the prosecution. If the petitioner is granted bail at this stage, he will flee from justice and not available for trial. With these, she prayed for dismissal of the petition.

6. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

7. As per charge sheet, the accusation against the petitioner is that, he came in contact with the victim girl and he took the victim girl to a cinema. Subsequently, he took her to a lodge on two dates and had sexual intercourse on her. C.W.1 is the mother of the victim girl and she has filed a complaint. She has been examined as P.W.1 and she has not supported the case of the prosecution and she has been treated as hostile. C.W.2