The High Court
Case Details
- 1 - NC: 2025:KHC:13799 CRL.P No. 3350 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3350/2025 BETWEEN: CHANNA KRISHNA RAO S/O NARASIMHA AGED 43 YEARS R/AT. KEERTHAN KAWAD II FLOOR, MARDANDEYA NAGAR NEAR SOMESHWARA SILKS AND SAREES, AGRAHARA BADAVANE BELAHALLI, BENGALURU-560064. (BY SRI. MONESH KUMAR K.B. ADV.,) …PETITIONER AND: 1. STATE OF KARNATAKA
Facts
BY INSPECTOR OF POLICE WOMEN'S POLICE STATION NORTH-EAST ZONE BENGALURU CITY -560077 REP. BY SPP HIGH COURT BUILDING. 2. XXX …RESPONDENTS Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:13799 CRL.P No. 3350 of 2025
Legal Reasoning
Co-ordinate Bench of this Court in Crl.P.No.4209/2025 and prays to allow the petition. 5. Per contra, learned High Court Government Pleader and learned counsel appearing for respondent No.2 have opposed the bail application, they submit that serious allegations are made against the petitioner which would prima facie attract the charge sheet offences and if the petitioner is enlarged on bail, he is likely to indulge in committing similar offences and accordingly they pray to dismiss the petition. 6. Perusal of material on record would go to show that charge sheet has been filed against the petitioner for offences punishable under Sections 126(2), 308(2), - 5 - NC: 2025:KHC:13799 CRL.P No. 3350 of 2025 351(2) of BNS 2023 and offences punishable under Sections 8, 11(iii), 12 and 15(1) of POCSO Act. The maximum punishment for alleged offences is imprisonment for the period of 7 years. Petitioner is in custody in the present case from 25.11.2024. Investigation of the case is already completed. The material on record would go to show that prior to the victim girl approaching the police in the present case, respondent No.2, the mother of the victim girl had filed a criminal case against the petitioner and the very same police had registered FIR in Crime.No.524/2023 against the petitioner for offences punishable under Sections 498A, 504, 506 of IPC and Sections 3(1)(r), 3(1)(s) of SC and ST (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioner submitted that only after petitioner was enlarged on bail in the said case, false complaint has been made by the daughter of respondent No.2 at her instance. Be that as it may, the fact remains that further proceedings in the present case has been - 6 - NC: 2025:KHC:13799 CRL.P No. 3350 of 2025 stayed by the Co-ordinate Bench of this Court in Crl.P.No.4209/2025. 7. Under the circumstances, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be granted. Accordingly, the following:
Arguments
(BY SMT. PUSHPALATHA R, ADDL. SPP FOR R1 SRI. K.S. KALLESHAPPA, ADV., FOR R2) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION FILED U/S 483 OF THE BNSS AND TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.54/2024 REGISTERED BEFORE THE NORTH EAST WOMEN P.S. FOR THE OFFENCE P/U/S 74, 75, 76, 78, 126(2), 351(2), 308(2) OF BNS AND SEC.8, 12, 15(3), 18 OF THE POCSO ACT PENDING ON THE FILE OF FTSC-1 ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN THE INTEREST OF JUSTICE. 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 Crime No.54/2024 registered by North East Women Police Station, Bengaluru, for the offences punishable under Sections 126(2), 308(2), 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 8, 11(iii), 12 and 15(1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - NC: 2025:KHC:13799 CRL.P No. 3350 of 2025 3. FIR in Crime No.54/2024 registered by North East Women Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 22.11.2024 received from the victim girl aged about 17 years, who is the daughter of respondent No.2 herein. During the course of investigation, the petitioner was arrested on 25.11.2024 and subsequently remanded to judicial custody. After completion of investigation, charge sheet has been filed for the aforesaid offences. The bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1127/2025 was rejected on 19.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that maximum punishment for the alleged offences is imprisonment for the period of 07 years. Mother of the victim girl, respondent No.2 in the present case, had earlier filed a criminal case in Crime.No.524/2023 against the petitioner herein before the very same police station - 4 - NC: 2025:KHC:13799 CRL.P No. 3350 of 2025 for offences punishable under Sections 498A, 506, 504 of IPC and Sections 3(1)(r), 3(1)(s) of SC and ST (Prevention of Atrocities) Act, 1989 and only after the petitioner was enlarged on bail in the said case, the present case was registered against him. He submits that further proceedings in the present case is stayed by the
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.54/2024 registered by North East Women Police Station, Bengaluru, for the offences punishable under Sections 126(2), 308(2), 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 8, 11(iii), 12 and 15(1) of the Protection of Children from Sexual Offences (POCSO) 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; - 7 - NC: 2025:KHC:13799 CRL.P No. 3350 of 2025 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 ABK List No.: 1 Sl No.: 42