Criminal Petition No. 5229 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21944 CRL.P No. 5229 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. 5229 OF 2025 BETWEEN: SRI. PUNITH K.K, S/O KANTHARAJU, AGED ABOUT 22 YEARS, R/O KANAYAKANAHALLI VILLAGE, BELUR TALUK, KASABA HOBLI, HASSAN DISTRICT - 573 115. (BY SRI. SUDHARSHAN L, ADVOCATE) AND: 1. STATE BY BELUR POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX XXX, Digitally signed by KAVYA R Location: High Court of Karnataka …PETITIONER …RESPONDENTS
Legal Reasoning
required to be proved in a full fledged trial. Prima facie, it appears that the victim girl had voluntarily gone with the petitioner and traveled with him in his motorbike and stayed over night in two different houses on 12.09.2024 and 13.09.2024. 12. Petitioner was aged about 19 years as on the date of his arrest, he has no criminal antecedents. Trial in the case is yet to commence. Continued detention of the petitioner in custody along with other hardcore criminals may have adverse impact on his future prospects and career. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Arguments
(BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.251/2024 ON THE FILE OF BELUR P.S. AND PENDING ON THE FILE OF HONBLE ADDL. DISTRICT AND SESSIONS - 2 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR JUDGE, FTSC-1 AT HASSAN IN SPL.CASE NO.497/2024 FOR THE OFFENCE P/U/S 137(2) AND 64(1) OF BNS AND SEC.4 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.497/2024 pending before the Court of Additional District and Sessions Judge FTSC-I, Hassan, arising out of Cr.No.251/2024 registered by Belur Police Station, Hassan, for offences punishable under Section 137(2), 64(1) of BNS, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), 2012, 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, who is served in the matter has remained unrepresented before this Court. - 3 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR 3. FIR in Cr.No.251/2024 was registered by Belur Police Station, Hassan, initially for the offences punishable under Section 137(2) of BNS, 2023 against the petitioner herein, based on the first information dated 13.09.2024 received from respondent No.2, who is the father of the victim girl, who was aged about 16 years, studying her I year PUC as on date of the registration of the FIR. 4. During the course of investigation, petitioner herein, who was aged about 19 years, was arrested on 15.09.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and 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.497/2024 was rejected on 01.02.2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that the petitioner and the victim girl were in love. They have - 4 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR traveled together in motorbike for a period of two days and stayed over night in two different places. Petitioner, who has no criminal antecedents, is in custody from 15.09.2024. Trial in the case is yet to commence. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has strongly opposed the petition. He submits that the victim girl has made serious allegation against the petitioner. Her statement would go to show that petitioner had forcibly taken her with him. In the event, petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. 7. First information in the present case was submitted by the father of the victim girl on 13.09.2024 alleging that his minor daughter studying in I PUC who had gone to college on 12.09.2024 at about 8.30 a.m. had not returned home. Efforts made to trace her, had failed and therefore, on 13.09.2024 at about 22.00 hours the - 5 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR first information was submitted. First informant had suspected the hand of the petitioner and therefore, FIR was initially registered against the petitioner for offence punishable under Section 137(2) of BNS, 2023. 8. During the course of the investigation, the petitioner and the victim girl were traced on 14.09.2024, the petitioner was subsequently arrested on 15.09.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. In the chargesheet, it is alleged that petitioner had forcibly taken the victim girl on the morning of 12.09.2024 in his motor vehicle with the threat of assaulting her in the event, she refused to accompany him. It is further stated that on the night of 12.09.2024, he had left her in the house of Bindu(CW.8) who is his friend and thereafter, on 13.09.2024 he had taken the victim girl in his motorbike to the house of his grandmother and they had stayed in the said house. It is alleged that in the house of his grand mother petitioner - 6 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR had sexual intercourse with the victim girl against her wishes and subsequently on 14.09.2024, he had left her and escaped. 9. Statement of CW.8-Bindu has been recorded in the present case and she has stated that on the evening of 12.09.2024, petitioner had brought the victim girl and had left her in her house. She also stated that in her house she was staying with her mother and grand mother. 10. According to the prosecution after leaving the victim girl in the house of CW.8, petitioner had gone out and the whole night the victim girl had stayed in the house of CW.8. She has not made any complaint either to CW.8 or to her mother. On the next day, the petitioner had taken the victim girl to his grand mother's house and he had stayed in the said house, where his grand parents were staying. The petitioner and the victim girl have traveled in a motorbike for a period of two days before the victim girl was traced. - 7 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR 11. Though, the victim girl has made certain allegations against the petitioner, about he committing forcible sexual intercourse on her, the said allegations are
Decision
ORDER The petition is allowed. - 8 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR The petitioner is directed to be enlarged on bail in Spl.C.No.497/2024 pending before the Court of Additional District and Sessions Judge FTSC-I, Hassan, arising out of Cr.No.251/2024 registered by Belur Police Station, Hassan, for offences punishable under Section 137(2), 64(1) of BNS, 2023 and Section 4 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; d) The petitioner shall not involve in similar offences in future; - 9 - NC: 2025:KHC:21944 CRL.P No. 5229 of 2025 HC-KAR 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 rv List No.: 1 Sl No.: 27 CT: BHK