The High Court
Case Details
- 1 - NC: 2025:KHC:9831 CRL.P No.1481/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.1481/2025 BETWEEN: GANESH .S S/O SHIVARAMAPPA AGED ABOUT 30 YEARS RESIDING AT NO.109 SUMANAHALLI HOBLI, ANEKAL TALUK BENGALURU RUAL DISTRICT PINCODE -560091. Digitally signed by NANDINI MS Location: High Court of Karnataka (BY SRI. RANGANATHA R, ADV.,) AND: 1. STATE OF KARNATAKA BY VARTHUR POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA BANGALURU -560001. 2. XXX …PETITIONER
Legal Reasoning
(BY SRI. K. NAGESHAWARAPPA, HCGP) …RESPONDENTS - 2 - NC: 2025:KHC:9831 CRL.P No.1481/2025 TO PRAYING ENLARGE HIM ON BAIL THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) IN SPL.C.NO.968/2024 ORIGINATED FROM CR.NO.532/2024 OF RESPONDENT OF VARTHUR POLICE STATION, WHICH IS FOR OFFENCE P/U/S 65(2) OF BNS AND 4(2), 6, 8 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, PENDING ON THE FILE FOT HE HON'BLE ADDL. DISTRICT AND ESION JUDGE, FTSC-II, BENGALURU RURAL DISTRICT AT 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 in Spl.C.No.968/2024 pending before the Court of Additional District & Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.532/2024 registered by Varthur Police Station, Bengaluru, for the offences punishable under Sections 65(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4(2), 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. - 3 - NC: 2025:KHC:9831 CRL.P No.1481/2025 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.532/2024 was registered by Varthur Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein on the basis of the first information received on 04.10.2024 from respondent No.2, who is the mother of the victim girl aged four (04) years. During the course of investigation of the case, the petitioner herein was arrested on 05.10.2024 and subsequently he was remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2527/2024 was rejected on 07.12.2024. Therefore, he is before this Court. - 4 - NC: 2025:KHC:9831 CRL.P No.1481/2025 4. Learned counsel for the petitioner submits that the petitioner was working as a Driver with the father of the victim girl. The dispute arose after the petitioner's salary was not paid continuously for a period of three months, thereafter, he has been falsely implicated in the present case. The mother of the victim girl has refused to cooperate for medical examination of the victim girl. There is no prima-facie material as against the petitioner. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, submits that in the statement of the victim girl recorded under Sections 161 and 164 of Cr.P.C., she has made allegations against the petitioner. Therefore, there is prima-facie case against the petitioner. Accordingly, he prays to dismiss the petition. 6. Perusal of the first information submitted in the present case would go to show that the petitioner was - 5 - NC: 2025:KHC:9831 CRL.P No.1481/2025 acquainted to the first informant and was working as a Driver with the husband of first informant. The allegation in the FIR is that on 04.10.2024, when the first informant had gone out of her house at 02:45 p.m., the victim was alone and when the first informant returned to her house at 03:00p.m. she found that the door of her house was open and her minor daughter was weeping, when she went inside, she found the petitioner inside her house and the victim as well as the petitioner were found half naked. When the first informant raised a screaming voice, the petitioner allegedly ran away and the public caught hold of him. The first information in the present case was registered on 04.10.2024 at about 17:45 hours. During the course of investigation, petitioner was arrested on 05.10.2024 and subsequently, remanded to judicial custody. It is not in dispute that the mother of the victim girl has refused to give consent for medico-legal examination of the victim girl aged four years. The allegation in the first information and also in the statement of the victim girl against the petitioner is that after - 6 - NC: 2025:KHC:9831 CRL.P No.1481/2025 undressing the victim girl, he had kept his mouth on her private part and also had bit her private part. It is also alleged that the petitioner had bit the cheeks and lips of the victim girl. 7. Having regard to the aforesaid allegations, medical examination of the victim girl was very crucial and for the reasons best known to the mother of the victim, she has refused to cooperate for the same. Investigation of the case is completed and the charge sheet has been filed. Admittedly, there are no criminal antecedents against the petitioner. The allegation against the petitioner is required to be proved in a full fledged trial. Under the circumstances, without expressing any opinion on the merits and demerits of the case, I am of the opinion that the prayer of the petitioner is required to be answered in the affirmative. Accordingly, the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.968/2024 pending before - 7 - NC: 2025:KHC:9831 CRL.P No.1481/2025 the Additional District & Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.532/2024 registered by Varthur Police Station, Bengaluru, for the offences punishable under Sections 65(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4(2), 6, 8 & 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: 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; - 8 - NC: 2025:KHC:9831 CRL.P No.1481/2025 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 BSR List No.: 1 Sl No.: 60