Criminal Petition No. 3112 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12300 CRL.P No. 3112 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3112 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: PAVAN KALYAN K. A. S/O. ANAND AGED ABOUT 19 YEARS, R/A. KURUGAL VILLAGE, VEMAGAL HOBLI, KOLAR TALUK-563102 KOLAR DISTRICT. (BY SRI. SIDDHARTH B MUCHANDI., ADVOCATE) …PETITIONER AND: 1. STATE OF KARNATAKA REPRESENTED BY THE POLICE INSPECTOR, WOMEN POLICE STATION, KOLAR. REP. BY SPP, HIGH COURT, BANGALORE.
Legal Reasoning
Digitally signed by NANDINI B G Location: High Court of Karnataka 2. ***** …RESPONDENTS
Legal Reasoning
(BY SMT. PUSHPALATHA B., ADDL. SPP, V/O DATED 24.03.2025 NOTICE TO R2 IS H/S.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER ENLARGING HIM ON BAIL IN CRIME NO.86/2024 BY KOLAR WOMEN P.S., IN SPL.C.(POCSO) NO.189/2024 FOR THE OFFENCE P/U/S 137(2), 64, 65(1) OF BNS AND SEC. 4(2) AND 6 OF THE POCSO ACT, 2012, BEFORE THE HON'BLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) AT KOLAR. - 2 - NC: 2025:KHC:12300 CRL.P No. 3112 of 2025 THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.(POCSO)No.189/2024 pending before the Court of Additional District and Sessions Judge, FTSC-1 (POCSO), Kolar, arising out of Crime No.86/2024 registered by Women Police Station, Kolar, for offences punishable under Sections 137(2), 64, 65(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), Section 4(2) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.86/2024 was registered by Women Police Station, Kolar against unknown persons initially for offence punishable under Sections 137(2) of BNS-2023 on the - 3 - NC: 2025:KHC:12300 CRL.P No. 3112 of 2025 basis of the first information dated 30.08.2024 received from respondent No.2 who is the grand father of the victim girl aged about 17 years. 4. During the course of investigation of the case, petitioner and the victim girl were traced together and the petitioner was arrested on 19.09.2024 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 Spl.C.(POCSO)No.189/2024 before the Jurisdictional Sessions Court which was rejected on 27.02.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition prays to allow the petition. 6. 7. Per contra, Additional SPP has opposed the petition. Perusal of the material on record would go to show that victim girl who was studying in first year PUC was found missing from her house on 28.08.2024. Efforts made to trace her had failed and therefore, respondent No.2 had approached the police on 30.08.2024. - 4 - NC: 2025:KHC:12300 CRL.P No. 3112 of 2025 8. During the course of investigation of the case, the petitioner and the victim girl were traced together. Petitioner was arrested on 19.09.2024 and subsequently, remanded to judicial custody. Investigation of the case was completed and the charge sheet has been filed. The statement of the victim girl under Section 183 of BNSS was recorded during course of investigation by the Jurisdictional Magistrate on 27.09.2024. Victim girl aged about 17 years has stated before the learned Magistrate that she was in love with the petitioner who is her uncle and her grandfather after knowing about her relationship with the petitioner, used to abuse her. On 28.08.2024, she voluntarily left her house and thereafter, had called the petitioner over mobile phone and asked him to take her along with him. When the petitioner insisted her to return to her house, she refused to go back and therefore, he took her along with him to Malur and thereafter, they stayed together in Malur bus stand and also in the railway station and subsequently, they stayed together in a lodge. They also rented a house in Maruthi Badavane, Maluru and stayed in the said house for a period of about 18 days and the police who came there, brought them back to their village. She has not made any - 5 - NC: 2025:KHC:12300 CRL.P No. 3112 of 2025 allegations against the petitioner which would prima facie attract the charge sheeted offences against him. Petitioner aged about 19 years having no other criminal antecedents is in custody from 19.09.2024. Investigation of the case is completed and the charge sheet has been filed. 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.86/2024 registered by Women Police Station, Kolar, for offences punishable under Sections 137(2), 64, 65(1) BNS and Section 4(2) and 6 of 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 - 6 - NC: 2025:KHC:12300 CRL.P No. 3112 of 2025 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.: 77