Criminal Petition No. 4260 of 2025 · The High Court · 2025
Case Details
- 1 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4260 OF 2025 BETWEEN: MANJUNATHA KARLI, S/O PRALHAD, AGED ABOUT 26 YEARS, R/AT NEKAR COLONY, WARD NO.1 ILKAL (RURAL) BAGALKOT, KARNATAKA - 587 125. (BY SRI. JAVEED S, ADVOCATE) AND: 1. STATE BY S.P.P., …PETITIONER Digitally signed by VIJAYALAKSHMI B N Location: High Court of Karnataka
Legal Reasoning
BY CHIKKABALLAPURA WOMEN POLICE STATION, CHIKABALAPUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560 001. 2. XXX XXX, …RESPONDENTS
Legal Reasoning
(BY SMT. PUSHPALATHA B, ADDL. SPP FOR R1; SERVICE OF NOTICE TO R2 HELD SUFFICIENT VIDE ORDER DATED 24.04.2025) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER - 2 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 IN SPECIAL CASE NO.007/2025, FOR THE ALLEGED O/P/U/S 4(2), 5(L), 6 OF POCSO ACT AND SECTION 65(1), 64(2)(M) , 137(2), 127(4) OF THE BNS 2023, PENDING BEFORE THE FAST TRACK SPECIAL COURT-I (POCSOA) HONBLE ADDITIONAL SESSIONS JUDGE AT CHIKKABALLAPURA. 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.3 in Special S.C.No.7/2025 pending before the Court of Additional District and Sessions Judge, FTSC-1, Chikkaballapura arising out of Crime No.130/2024 registered by Chikkaballapura Rural Police Station, Chikkaballapura for offence punishable under Sections 65(1), 64(2)(m), 137(2), 127(4) of the Bahratiya Nyaya Sanhita, 2023 (in short 'BNS') and Sections 492), 5(L) and 6 of POCSO Act, is before this Court under Section 483 of Bharatiya Nagarika Seva Sanhite, 2023, seeking bail. 2. Heard learned counsel for the petitioner and learned Addl. SPP for Respondent No.1. Respondent No.2 who is - 3 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 served in the matter, has remained unrepresented before this Court. 3. F.I.R in Crime No.130/2024 was registered by Chikkaballapura Police Station, Chikkaballapura, initially for the offence under Section 137(2) of BNS based on the first information received from Respondent No.2 who is the maternal uncle of the victim girl aged about 16 years. 4. During the course of investigation, petitioner herein was arrested on 16.11.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons and petitioner is arraigned as Accused No.3 in the charge sheet. His bail application filed before the Trial Court in Special S.C.No.7/2025 was rejected on 25th February 2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner having reiterated the ground of the petition, has prayed to allow the petition. - 4 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 6. Per contra, learned Addl. SPP has opposed the petition and she submits that victim is a minor. Therefore, alleged offences are attracted against the petitioner. Accordingly, she prays to dismiss the petition. 7. Perusal of the material on record would to go show that the victim girl who is the daughter of the first informant was found missing from her house on 21.10.2024. Efforts made to trace her had failed. Therefore, on 25.10.2024, her maternal uncle had approached the Police and based on his first information, F.I.R was initially registered against unknown persons for the offence punishable under Section 137(2) of BNS. During the course of investigation, victim girl was traced and her statement under Section 183 of BNSS, 2023, was recorded on 08.11.2024. Victim girl has stated before jurisdictional Magistrate that she had studied upto 10th standard and her father had two wives and during Dasara vacation, she had gone to her uncle's house at Avalagurki and had stayed there on 19.10.2024. On the next day, her - 5 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 uncle had dropped her in Chikkaballapura bus stand. Since she did not intend to return to her house, she went to Isha Foundation at Chikkaballapura and Accused No.1- Sathish met her and asked her to come with him. She refused and came back to Chikkaballapura bus stand and Sathish who came there, took her with him in a motor- byke and thereafter, had sexual intercourse with her in a lodge at Chikkaballapura. Subsequently, she had traveled to Bengaluru and from Bengaluru, she had gone to Mysuru and again returned to Bengaluru. In Majestic at Bengaluru, she had met Accused No.2-Anjineyappa who took her to Tirupathi and had sexual intercourse with her in a lodge at Tirupathi. Thereafter, Anjineyappa allegedly went to Hyderabad and she returned to Bengaluru and from Bengaluru, she had traveled to Chikkaballapura and in the bus stand at Chikkaballapura, she had met Accused No.4 who had taken her to his house, but had not committed any sexual intercourse with her. Accused No.4 allegedly touched the body of the victim girl and on the next day, he had dropped her at Chikkaballapura and had - 6 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 returned to Bengaluru. Victim girl thereafter traveled to Bengaluru and met Accused No.3 who took her to a temple and thereafter, had sexual intercourse with her in a room and dropped her to majestic bus stand. Subsequently, she met her relatives and came back to her village and thereafter, she was taken to Police Station. 8. From the aforesaid facts, it is apparent that accused persons were strangers to the victim and none of them knew that she was a minor. The victim girl accompanied all the accused persons and had sexual intercourse with them. Petitioner who had no other criminal antecedents has been in custody from 16.11.2024. Investigation is complete and charge sheet has been filed. Trial in the case is yet to commence. Prosecution in all has cited 55 charge sheet witnesses in the present case. Accused No.4- Krishna has been granted regular bail by this Court in Criminal Petition No.3843/2025 disposed of on 8th April 2025. Under these circumstances, I am of the view that, - 7 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following:
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.130/2024 of Chikkaballapura Police Station registered for the offences punishable under Sections 65(1), 64(2)(m), 137(2), 127(4) of the BNS, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) 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; - 8 - NC: 2025:KHC:16813 CRL.P No. 4260 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE BNV List No.: 1 Sl No.: 41 CT: BHK