Criminal Petition No. 771 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:13481 CRL.P No. 771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 771 OF 2025 BETWEEN: SRI. MANGAL KUMAR @ MANGAL S/O SEEYARAM MANDAL, AGED ABOUT 20 YEARS, R/AT BHARTHARI VILLAGE NAMDA MANDAL, BHAVANIPURA POLICE STATION LIMITS, PURNEA DISTRICT, BIHAR STATE ALSO RESIDING AT C/O RAGHU, MICRO SOFT METAL FACTORY, NEAR CHETHAN CIRCLE ANDHRAHALLI, BANGALORE CITY - 560 091. (BY SRI. RANGANATHA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA
Legal Reasoning
BYADARAHALLI POLICE STATION BANGALORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING, BANGALORE - 560 001. 2. *****
Legal Reasoning
(BY SRI. K. NAGESHWARAPA, HCGP FOR R1 R2 - SERVED) Digitally signed by SWAPNA V Location: High Court of Karnataka …PETITIONER …RESPONDENTS THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ALLOW THIS PETITION TO ENLARGE THE PETITIONER ON REGULAR BAIL IN (CRIME.NO.379/2024) IN SPL.C.C.NO.681/2024 OF BYADARAHALLI POLICE STATION, FOR AN ALLEGED OFFENCE P/U/S 376 OF IPC AND SECTION 4 AND 6 OF POCSO ACT. WHICH IS PENDING ON THE FILE - 2 - NC: 2025:KHC:13481 CRL.P No. 771 of 2025 OF LEARNED ADDITIONAL DISTRICT AND SESSION JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU (FTSC-3), ON SUCH TERMS AND CONDITIONS AS IMPOSED BY THIS HONBLE COURT. 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 in Spl.C.No.681/2024 pending before the Court of Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.379/2024 registered by Byadarahalli Police Station, Bengaluru, for offences punishable under Section 376 of the Indian Penal Code (for short, 'IPC'), Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.379/2024 was registered by Byadarahalli Police Station, Bengaluru against the petitioner for - 3 - NC: 2025:KHC:13481 CRL.P No. 771 of 2025 the aforesaid offences, on the basis of the first information dated 24.05.2024 received from the victim girl aged about 17 years. 4. During the course of investigation of the case, petitioner was arrested on 23.07.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against the petitioner for the aforesaid offences. Bail application filed by the petitioner in Crl.Misc.No.2578/2024 before the Jurisdictional Sessions Court was rejected on 09.12.2024. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is an youngster aged about 20 years and he is in custody for the last 8 months. Petitioner and the victim girl appears to be acquainted with each other and their relationship appears to be consensual. Till date, DNA test report has not been obtained by the prosecution. Trial in the case is yet to commence. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that victim is a minor and - 4 - NC: 2025:KHC:13481 CRL.P No. 771 of 2025 she has made allegations against the petitioner which would attract the charge sheeted offences. 7. First information in the present case is submitted by the victim girl aged about 17 years and perusal of the averments found in the first information would go to show that petitioner and the victim girl are acquainted to each other and petitioner was visiting her house. In the first information, it is alleged that petitioner allegedly had sexual intercourse with the victim girl against her wishes and as a result, victim girl got pregnant. Subsequently, she had consumed some tablets and as a result, she suffered excess bleeding and therefore, she was taken to hospital, wherein, she was diagnosed to be pregnant. It appears that under the said circumstances, she had lodged the complaint against the petitioner. Before the doctor, who had medically examined the victim girl, she has stated that, she is acquainted to the petitioner from her childhood and she has also stated that she had consensual sexual intercourse with him in her residence. 8. Petitioner aged about 20 years is in custody from 23.07.2024. Investigation of the case is completed and the charge sheet has been filed. Though, it is stated that victim - 5 - NC: 2025:KHC:13481 CRL.P No. 771 of 2025 was pregnant when she was initially medically examined, till date, prosecution has not obtained the DNA test report from Forensic Science Laboratory. The case before the Trial Court is still at the stage of framing of charges. Prosecution has cited 19 charge sheet witnesses in the present case. Allegations made against the petitioner in the charge sheet is required to be proved in a full fledged trial. Undisputedly, petitioner has no other criminal antecedents. Continued detention of the petitioner in custody along with hard core criminals may have adverse impact on his career. Under such circumstances, 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:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.379/2024 registered by Byadarahalli Police Station, Bengaluru City, for offence punishable under Sections 376 of IPC and Sections 3 & 4 of POCSO Act, subject to the following conditions: - 6 - NC: 2025:KHC:13481 CRL.P No. 771 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 65