Criminal Petition No. 2217 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15727 CRL.P No. 2217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.2217 OF 2025 Digitally signed by RUPA V Location: High Court of karnataka BETWEEN: PRAKASHA @ PAKKA SON OF LATE RANGASHWAMAIAH AGED ABOUT 22 YEARS RESIDING AT. KAIDAL VILLAGE GULUR HOBLI TUMAKURU TALUKU 572101 (BY SRI. RUDRAPPA P, ADV.,) AND: 1. THE STATE OF KARNATAKA
Legal Reasoning
REP. BY WOMEN POLICE STATION TUMAKURU THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU 560001. 2. XXX …PETITIONER …RESPONDENTS
Legal Reasoning
(BY SMT. PUSHPALATHA B, ADDL. SPP FOR R1 V/O/DTD:27.03.2025 NOTICE TO R2 H/S) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE IN PENDING CRIME PETITIONER ON REGULAR BAIL - 2 - NC: 2025:KHC:15727 CRL.P No. 2217 of 2025 NO.167/2024 DATED 10.09.2024 REGISTERED BY WOMEN POLICE STATION TUMAKURU NOW CONVERTED AS SPL.C.NO.704/2024 WHICH IS PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE, FTSC-I, TUMAKURU, ALLEGING THE OFFENCES U/S 324, 354A(1)(ii), 376D, 376DA OF IPC, SEC. 27(b) OF NDPS ACT AND 6 AND 18 OF THE POCSO ACT, 2012 AND PASS SUCH OTHER ORDERS DEEMED FIT IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. 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.2 in Spl.C.No.704/2022 pending before the Court of Additional District and Sessions Judge-FTSC-I, Tumakuru arising out of Crime.No.167/2024 registered by Tumakuru Women police station, Tumakuru for the offences punishable under Sections 324, 354A(1)(ii), 376D, 376DA of IPC, Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and Sections 6 and 18 of the Protection of Children From Sexual Offences Act, 2012 (for short 'the POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail. - 3 - NC: 2025:KHC:15727 CRL.P No. 2217 of 2025 2. Heard the learned counsel for the petitioner and learned HCGP for respondent. 3. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime.No.167/2024 was registered by Tumakuru Women police station, Tumakuru initially for offences punishable under Section 376 of IPC and Section 6 of POCSO Act against one Ayush based on the first information dated 10.09.2024 received from respondent No.2, who is the mother of the victim girl. During the course of investigation of the case, accused No.1 Ayush was arrested on 12.09.2024 and based on the further statement of the victim girl, the petitioner was arrested on 10.10.2024. After completing the investigation, charge sheet has been filed against two persons in which the petitioner herein is arrayed as accused No.2. Bail application filed by the petitioner before the Jurisdictional - 4 - NC: 2025:KHC:15727 CRL.P No. 2217 of 2025 Sessions court in Crl.Misc.No.1848/2024 was rejected on 24.01.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that the first informant had taken her minor daughter to the hospital since she had complained that she had missed her periods. In the hospital, the doctor after medically examining the victim girl informed the first informant that victim girl was pregnant and on enquiry, the victim girl allegedly stated that accused No.1 was the cause for her pregnancy. It is under these circumstances, FIR was initially registered against accused No.1 - Ayush on the basis of the first information received from the mother of the victim girl. Accused No.1 - Ayush was arrested on 12.09.2024. Subsequently, on 17.09.2024 the statement of the victim girl under Section 183(5) of BNSS, 2023 was recorded by the Jurisdictional Magistrate. In the said statement, the victim girl has made allegation that accused Nos.1 and 2 had taken her to isolated place and after making her to consume ganja, they had sexual - 5 - NC: 2025:KHC:15727 CRL.P No. 2217 of 2025 intercourse with her and she also stated that accused Nos.1 and 2 were the cause for her pregnancy. It is under these circumstances, accused No.2, who is the petitioner herein was arrested on 10.10.2024 and after completing investigation charge sheet has been filed against accused Nos.1 and 2 for the aforesaid offenses. 6. The DNA test report made available to this Court by learned Additional State Public Prosecutor would go to show that the victim girl is included from being the biological mother of the product of conception and accused Nos.1 and 2 are excluded from being the biological father of the product of conception. Undisputedly, the petitioner aged 22 years has no criminal antecedent, and he is in custody from 10.10.2024. Investigation of the case is completed and charge sheet has been filed. 7. Considering the aforesaid aspects of the matter, without expressing any opinion on the merits and demerits of the case, the prayer of the petitioner for grant of - 6 - NC: 2025:KHC:15727 CRL.P No. 2217 of 2025 regular bail 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 S.C.No.704/2022 pending before the Court of Additional District and Sessions Judge-FTSC-I, Tumakuru arising out of Crime.No.167/2024 registered by Tumakuru Women police station, Tumakuru for the offences punishable under Sections 324, 354A(1)(ii), 376D, 376DA of IPC, Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and Sections 6 and 18 of the Protection of Children From Sexual Offences Act, 2012 (for short 'the POCSO Act'), 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; - 7 - NC: 2025:KHC:15727 CRL.P No. 2217 of 2025 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 ABK List No.: 1 Sl No.: 38