Criminal Petition No. 2306 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9661 CRL.P No. 2306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2306 OF 2025 BETWEEN: NITIN @ KADROLI S/O SATISH AGED ABOUT 21 YEARS RESIDING AT BASALIKATTE SIDDAPURA ROAD ARALIHALLI VILLAGE BHADRAVATHI - 577 233. (BY SRI SUHAIB FAZEEL M, ADV.) AND: STATE OF KARNATAKA BY RURAL POLICE STATION BHADRAVATHI, REP. BY HCGP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …PETITIONER …RESPONDENT
Legal Reasoning
(BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SC.NO.168/2024 (CR.NO.95/2024), FOR THE OFFENCE P/U/S 376,450,354(A),506 OF THE IPC, FILED BY RURAL P.S., BHADRAVATHI, PENDING BEFORE THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO), SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9661 CRL.P No. 2306 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in S.C.No.168/2024 pending before the Court of Addl. District & Sessions Judge, FTSC-I (POCSO), Shivamogga, arising out of Crime No.95/2024 registered by Bhadravathi Rural Police Station, Shivamogga District, for the offences punishable under Sections 376, 455, 354A, 506 IPC, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.95/2024 was registered by Bhadravathi Rural Police Station, Shivamogga District, against the petitioner and another for the aforesaid offences on the basis of the first information dated 04.05.2024 received from the victim lady aged about 58 years. During the course of investigation, petitioner herein was arrested on 10.06.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail application filed before the Trial Court in - 3 - NC: 2025:KHC:9661 CRL.P No. 2306 of 2025 S.C.No.168/2024 was rejected on 29.11.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that the petitioner is an youngster aged about 21 years having no criminal antecedents. There was ill-will between the family members of the petitioner and the first informant taking undue advantage of the fight that had taken place on 03.05.2024, has filed a false complaint on 04.05.2024. He submits that the FSL report does not support the case of the prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that the victim lady had suffered certain injuries on her body which would prima facie go to show that petitioner had committed the alleged act on 03.05.2024. In the event, petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that the house of the petitioner is situated adjacent to the house of the victim lady. In the first information, she has averred that - 4 - NC: 2025:KHC:9661 CRL.P No. 2306 of 2025 on 03.05.2024 at 2.00 p.m., when she was near her house, petitioner came there and asked her to provide him a glass of drinking water. However, she refused to provide the drinking water to him. On the same day, at about 10.30 p.m., when she was sleeping inside her house, she heard some noise and when she got up, she saw the petitioner standing near her cot. Petitioner allegedly informed her that he wants to sleep with her, and thereafter, caught hold of her neck and pushed her down and after tearing her clothes, petitioner allegedly had forcible sexual intercourse with her. After he had committed the sexual assault, assuming that victim had died, petitioner allegedly tried to push her beneath the cot. However, the victim ran out of the house and called the neighbours and when the neighbours arrived, the petitioner allegedly escaped from the spot. Petitioner's mother who came to know about the incident, allegedly asked the victim lady not to give any police complaint. It is stated that thereafter the victim was taken to the hospital and after getting treatment, she had approached the police and submitted her first information, based on which, FIR was registered against the petitioner and his mother for the alleged offences. - 5 - NC: 2025:KHC:9661 CRL.P No. 2306 of 2025 7. Though there is allegation in the first information that petitioner had caught hold of the neck of the victim and had pushed her down, and thereafter, committed sexual assault, the wound certificate of the victim does not reflect any corresponding injuries on the neck of the victim. The victim has suffered only abrasion injury on her knee. In the first information, it is mentioned that prior to approaching the police she had taken treatment in the hospital. There are no records to show that prior to the victim approaching the police, she had gone to the hospital. The medical records found along with the charge sheet are all subsequent to the registration of the FIR. Petitioner, aged about 21 years, is in custody from 10.06.2024 and he has no criminal antecedents. He is required to take care of his mother. His continued detention in the jail amongst hardcore criminals, is likely to have an adverse impact on his career and prospects. Investigation of the case is completed and charge sheet has been filed. The allegations found in the charge sheet are required to be proved in a full-fledged trial. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: - 6 - NC: 2025:KHC:9661 CRL.P No. 2306 of 2025 8.
Decision
The petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.168/2024 pending before the Court of Addl. District & Sessions Judge, FTSC-I (POCSO), Shivamogga, arising out of Crime No.95/2024 registered by Bhadravathi Rural Police Station, Shivamogga District, for the offences punishable under Sections 376, 455, 354A, 506 IPC, 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of - 7 - NC: 2025:KHC:9661 CRL.P No. 2306 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK