Criminal Petition No. 4634 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4634 OF 2025 BETWEEN: KARTHIK SALAGAR @ KARTHIK SALAGAR, AGED ABOUT 27 YEARS, S/O BEERAPPA SALAGAR, R/AT SALAGARA PARTHABAD HOBALI, KADANE VILLAGE, D.K - 574 226. …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY DK WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka 2. XXX XXX …RESPONDENTS
Legal Reasoning
(BY SMT. WAHEEDA M.M., HCGP FOR R-1; R-2 SERVED; UNREPRESENTED V/O DATED 16.06.2025; SERVICE OF NOTICE ON R-2 HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL U/S.483 OF BNSS, IN CONNECTION WITH SPL.C.NO.5002 OF 2025 IN CRIME NO.55 OF 2024 REGISTERED BY DAKSHINA KANNADA WOMEN PS, FOR THE OFFENCES P/U/S.137(2), 64 OF BNS 2023 AND SEC.4 OF PROTECTION OF CHILDREN FROM - 2 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR SEXUAL OFFENCES ACT 2012, ON THE FILE OF V ADDL. DISTRICT AND SESSIONS, D.K SITTING AT PUTTUR. THE V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, D.K. 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.5002/2025 pending before the Court V Additional District and Sessions Judge and Special Judge, D.K. Mangaluru sitting at Puttur, arising out of Crime No.55/2024 registered by Dakshina Kannada Women Police Station, Dakshina Kannada District, for offences punishable under Sections 137(2), 64 of BNS, 2023 and Section 4 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned Counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 - 3 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No. 55/2024 was registered by Dakshina Kannada Women Police Station, Dakshina Kannada District, initially against unknown persons, based on the first information dated 16.11.2024 received from respondent No.2, who is the mother of the victim girl, studying in 1st PUC at Puttur in Dakshina Kannada District. 4. During the course of investigation of the case petitioner and the victim girl were traced together on 17.11.2024 and subsequently petitioner was arrested and remanded to judicial custody on the same day. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.5002/2025 was rejected on 07.03.2025. Therefore, petitioner is before this Court. - 4 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR 5. Learned Counsel for the petitioner submits that petitioner and the victim girl are in love and the victim girl had voluntarily travelled with the petitioner in a public transport from Puttur to Bengaluru and also had stayed at Bengaluru with him and when they were returning to Puttur on the next day in a public transport they were apprehended at Sakaleshpura. Investigation of the case is already completed. Charges in the case are yet to be framed. Petitioner has no other criminal antecedents. He is working in Bangalore International Airport and therefore, the chances of he fleeing away from justice is very remote. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. She submits that victim girl is a minor and the petitioner had induced her to come with him and thereafter, he had committed the heinous crime. In the event petitioner is enlarged on bail he may tamper with the prosecution witnesses. Accordingly, she prays to dismiss this petition. - 5 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR 7. First informantion in the present case was submitted by the mother of the victim girl studying in first year PUC at Puttur, after the victim girl was found missing from her paying guest accommodation at Puttur. The efforts made to trace her had filed. Therefore, FIR was registered initially for offence punishable under Section 137(2) of BNS, 2023 against unknown persons. Thereafter on 17.11.2024, petitioner and the victim girl were traced at Sakaleshpura and brought back to Puttur and subsequently petitioner was arrested and produced before the Court and remanded to judicial custody. Investigation of the case is completed and charge sheet is filed. 8. Statement of the victim girl was recorded during the course of investigation under Section 183 of BNSS 2023 on 10.01.2025. In the said statement the victim girl has stated that she got acquainted to the petitioner in a Social Media known as Snapchat. On 16.11.2024, she had received a phone call from the petitioner, who informed her that he was at Puttur and since it was his birthday, he - 6 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR invited her to celebrate his birthday. Accordingly, the victim girl had gone to the bus stand at Puttur to meet him and thereafter, they had travelled to Mangaluru and from Mangaluru they had travelled to Bengaluru in a train and had stayed in the house of the petitioner's friend at Mico Layout in Bengaluru. It is alleged that in the said house petitioner had sexual intercourse with the victim girl against her wishes and on the next day, petitioner and the victim girl travelled back to Puttur from Bengaluru in a bus and on their way back to puttur, they were intercepted by police at Sakaleshpura. 9. From the aforesaid statement of the victim girl prima-facie it appears that the victim girl who was acquainted with the petitioner had voluntarily travelled along with him in a public transport and had stayed in Bengaluru over night and on the next day she was returning to Puttur along with the petitioner in a public transport. Petitioner, who has no other criminal - 7 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR antecedents is in custody from 17.11.2024. Investigation of the case is completed and charge sheet has been filed. 10. Material on record would go to show that he is employed in Bangalore International Airport. Therefore, the chances of he fleeing away from justice is very remote. Bail application is required to be considered by Courts based on the facts of each case. The prime consideration of the Court while considering the bail application is to ensure the presence of the accused before the trial Court. Petitioner has undertaken to cooperate before the trial Court for speedy disposal of the case. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:-
Decision
ORDER The petition is allowed. - 8 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR The petitioner is directed to be enlarged on bail in Spl.C.No.5002/2025 pending before the Court V Additional District and Sessions Judge and Special Judge, D.K. Mangaluru sitting at Puttur, arising out of Crime No.55/2024 registered by Dakshina Kannada Women Police Station, Dakshina Kannada District, for offences punishable under Sections 137(2), 64 of BNS, 2023 and Section 4 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; 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; - 9 - NC: 2025:KHC:21446 CRL.P No. 4634 of 2025 HC-KAR 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.: 38