IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5165 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

MR. NARASIMHAMURTHY K G SON OF GANGADARAPPA, AGED ABOUT 32 YEARS, RESIDDING AT KENKARE VILLAGE, HOSURU HOBLI, GOWRIBIDANURU TALUK, CHIKKABALLAPURA - 561 210.

…PETITIONER (BY SRI RAJANNA B.C., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH, BENGALURU DISTRICT WOMEN POLICE STATION, BENGALURU RURAL DISTRICT - 561 203, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT, COURT COMPLEX, BENGALURU - 560 001. 2. SMT. BHAGYAMMA WIFE OF KRISHNAPPA AGED ABOUT 36 YEARS R/AT KULIMENAHALLI VILLAGE, HALEHALLI POST, MANCHENAHALLI HOBLI. GOWRIBIDANURU TALUK, CHIKKABALLAPURA.

…RESPONDENTS (BY SMT. WAHEEDA M. M., HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.135/2023, SPL.CASE NO.72/2024 OF BENGALURU DISTRICT WOMEN POLICE, BENGALURU RURAL DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 506, R/W SECTION 34 OF I.P.C AND UNDER SECTION 4(2), 5(L), 6 OF POCSO ACT 2012, WHICH IS PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE (FTSC-I), BENGALURU RURAL DISTRICT, BENGALURU.

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 No.1 in Special Case No.72/2024 pending before the Court of Additional District and Sessions Judge and FTSC-I, Bengaluru Rural District, arising out of Crime No.135/2023 registered by Women Police Station, Bengaluru Rural district for offence punishable under Section 506 read with Section 34 of Indian Penal Code, 1860 and Sections 4(2), 5(l), 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court in this successive bail petition filed under Section

439 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.135/2023 was registered by Women Police Station, Bengaluru Rural District initially for the offence punishable under Section 363 of IPC against unknown person based on the first information dated 12.12.2023 received from respondent No.2 who is the mother of victim girl who was then aged about 15 years. During the course of investigation, the victim girl was traced and subsequently the petitioner was arrested and remanded to judicial custody on 08.01.2024. After completing investigation, charge sheet has been filed against two persons and the petitioner is arrayed as accused No.1 in charge sheet. His bail application filed before the Trial Court was rejected and therefore he approached this Court for bail in Criminal Petition No.6256/2024 which was dismissed as withdrawn by order dated 30.07.2024 with liberty to the petitioner to file a fresh bail petition after examination of the victim and her mother is completed before the Trial Court. It is under these circumstances, the petitioner is before this Court.

4. Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that material charge sheet witnesses including the victim and her mother have been already examined before the Trial Court. Petitioner who has no other criminal case is in judicial custody for last more than two years. He has no other criminal antecedents. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. She however states that in the event petitioner is enlarged on bail, he is likely to not only tamper with the prosecution witnesses, but also likely to flee away from justice. Accordingly, she prays to dismiss the petition.

6. FIR in the present case was registered against unknown person in Crime No.135/2023 after the victim girl was found missing on 11.12.2023. Efforts made to trace her by her parents and relatives had failed and it is under these circumstances, her mother had approach