THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED) ON BAIL IN THE CR.NO.20/2025 REGISTERED BY THE RESPONDENT POLICE FOR UNDER 64 BNS AND UNDER SEC.4, 6, 7 AND 8 POCSO ACT, 2012 PENDING BEFORE ADDL. LXVI PRL.CITY CIVIL AND SESSIONS JUDGE, FTSC-III 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

1. Accused in Spl.C.C.No.774/2025 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-III, Bengaluru, arising out of Crime No.20/2025 registered by Halasur Police Station, Bengaluru City for the offence punishable under Section 64 of BNS, 2023 and Sections 4, 6, 7 & 8 of the Protection of Children from Sexual Offences Act, 2012, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1 - State and learned counsel for respondent No.2.

3. FIR in Crime No.20/2025 registered by Halasur Police Station, Bengaluru City against the petitioner, on the basis of first information dated 25.01.2025 received from respondent No.2 herein, who is the father of the victim girl, aged about 17 years 3 months, as on the said date. During the course of investigation, the petitioner was arrested and produced before the jurisdictional Court on 25.01.2025 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences.

4. The bail application filed by the petitioner before the Trial Court was rejected and thereafter he had approached this Court in Crl.P.No.3504/2025, which was dismissed as withdrawn with liberty to file a fresh petition before the Trial Court, after charge sheet is filed. Subsequently, the petitioner had filed a bail application before the Trial Court which was also dismissed. Therefore, he had once again approached this Court in Crl.P.No.7550/2025 which was dismissed as withdrawn on 01.07.2025 with liberty to renew his bail application after the victim girl - CW-2 is examined before the Trial Court. It is under these circumstances, the petitioner is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail.

5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, the victim girl and her father are now examined before the Trial Court as PWs.1 and 2. Medical evidence does not suggest of any forcible act against the victim. The petitioner, aged 24 years is in custody for the last nearly 1½ years. Accordingly, he prays to allow the petition.

6. Learned HCGP appearing for respondent no.1 and learned counsel for respondent no.2 have opposed the petition. They submit that the petitioner and her father have supported the case of the prosecution during the course of their deposition. Serious allegations are found against the petitioner. Learned counsel for respondent no.2 also submits that the petitioner hails from West Bengal State and in the event he is enlarged on bail it would be difficult to secure his presence. Accordingly, they pray to dismiss the petition.

7. In the typed first information which was submitted on 25.01.2025 by the father of the victim girl, who was aged about 17 years 3 months as on the said date and studying in II PUC, he has stated that on 23.01.2025 his daughter had returned home late in the evening and on enquiry she allegedly informed her mother that she had gone to meet the petitioner herein, who is a cameraman and was acquainted to her. She informed her mother that on 13.01.2025 she had gone to meet the petitioner for her photo shoot and on the said date no photo shoot was done. Thereafter, on 23.01.2025 she had once again gone to his house situated at Domlur for her photo shoot and on the said date he allegedly had