Criminal Petition No. 4014 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4014 OF 2025 BETWEEN: MUNEGOWDA B.O., S/O OBAPPA, AGED ABOUT 35 YEARS, R/A BIDALURU VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU DIST, KARNATAKA - 562 110. (BY SRI.RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA, STATE BY VISHWANATHPURA PS, REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. XXX XXX Digitally signed by KAVYA R Location: High Court of Karnataka …PETITIONER …RESPONDENTS
Legal Reasoning
(BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.126/2022 OF VISHWANATHAPURA POLICE STATION PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC III BENGALURU RURAL DISTRICT AT - 2 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR BENGALURU IN SPL.C.NO.871/2022 FOR THE OFFENCE P/US/ 376-AB AND SEC.4(2), 5(m), 6 OF POCSO ACT. 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.871/2022 is pending before the Court of Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, arising out of Crime No.126/2022 registered by Vishwanathapura Police Station, Bengaluru District, for offences punishable under Sections 376-AB and Sections 4(2), 5(m) and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR 3. FIR in Crime No.126/2022 was registered by Vishwanathapura Police Station, Bengaluru District, initially for offences punishable under Section 376(2)(l) of IPC and Sections 4 and 6 of the POCSO Act against the petitioner herein, based on the first information dated 12.09.2022 received from respondent No.2, who is the mother of the victim girl. 4. During the Course of investigation of the case, petitioner herein was arrested on 13.09.2022 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.871/2022 was rejected on 04.06.2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last more than 33 months. All the material charge - 4 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR sheet witnesses have been examined in the present case. The medical evidence do not support the charge sheet allegations against the petitioner. Petitioner is a disabled person having 80% of locomotive disability. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that victim and her mother have supported the case of the prosecution. Petitioner has committed a heinous crime on the minor girl aged about 11 years. In the event petitioner is enlarged on bail, he is likely to tamper the other charge sheet witnesses. Accordingly, he prays to dismiss this petition. 7. FIR in the present case was registered against the petitioner based on the first information received from the mother of the victim girl. In the first information, it is stated that first informant noticed on 10.09.2022 that her minor daughter was looking disturbed. On 11.09.2022 her husband was informed by one Mr.Kiran that on - 5 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR 10.09.2022 when the victim girl had gone to attend her tuition classes, at about 6:30 p.m., petitioner allegedly had summoned the victim girl out side the tuition class on the ground that her father was not well and thereafter, he had taken her to an isolated place and committed forcible sexual assault on her after criminally intimating her. It is in this background in respect of the alleged incident that had taken place on 10.09.2022 belatedly first information was submitted on 12.09.2022. 8. During the course of investigation of the case, petitioner herein was arrested on 13.09.2022 and subsequently remanded to judicial custody. The victim girl was subjected to medical examination on 12.09.2022 itself. In the history recorded by the Doctor who had medically examined the victim girl on 12.09.2022, the Doctor had stated that an attempt for sexual intercourse was made when the victim girl had gone out from her school to pass urine. Medical records of the victim girl - 6 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR would also go to show that she had no external injury on her body and hymen also was normal. 9. Victim girl and her mother have been examined before the trial Court as P.W-1 and P.W-2. The Doctor who had medically examined the victim girl and has issued her medical report is also examined before the trial Court as P.W-11 and even during the course of deposition, the Doctor has stated that there were no external or internal injuries on the victim girl. However, there was history of fondling and therefore, she was of the opinion that there was no act like that of sexual intercourse. 10. Petitioner who has produced medical documents to show that he is a disabled person is in custody from 13.09.2022. Since all the material charge sheet witnesses are already examined, there cannot be any apprehension that the petitioner may tamper the material prosecution witnesses. Undisputedly, he has no criminal antecedents. He has undertaken to cooperate before the trial Court for - 7 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR speedy disposal of the case. Considering the aforesaid aspects of the matter and more so the period of petitioner's incarceration, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.871/2022 is pending before the Court of Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, arising out of Crime No.126/2022 registered by Vishwanathapura Police Station, Bengaluru District, for offences punishable under Sections 376-AB and Sections 4(2), 5(m) and 6 of the POCSO Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 8 - NC: 2025:KHC:21962 CRL.P No. 4014 of 2025 HC-KAR 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 KVR List No.: 1 Sl No.: 21