Criminal Petition No. 7040 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25139 CRL.P No. 7040 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7040 OF 2025 …PETITIONER BETWEEN: 1. SRI KIRAN KUMAR JAIN S/O SRI. KUNDAM MAL BHOORMAL JAIN, AGED ABOUT 45 YEARS, R/AT NO. 25/13B, ASQUITH COMPOUND, FORT, BELLARY, BELLARY 583101.
Legal Reasoning
regard to disputed facts. The Co-ordinate Bench of this Court in W.P.No.18946/2025 has stayed further proceedings in Spl.C.C.No.1122/2025 for a period of four weeks. Petitioner, who is a Chartered Accountant, has no criminal antecedents. He is in custody from 19.04.2025. Investigation of the case is completed and charge sheet has been already filed. Therefore, I am of the opinion that petitioner's detention is no more required. Under the circumstances, prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:
Arguments
(BY SRI C.V.NAGESH, SENIOR COUNSEL FOR SRI GAURAV N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CCB POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001. 2. SRI. G. C. RAJA, S/O CHIKKAHANUMEGOWDA, POLICE OFFICER WOMEN PROTECTION WING, CCB, BENGALURU CITY, BENGALURU-560053 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA (BY SMT RASHMI PATEL, HCGP FOR R1 V/O DTD:3.6.2025, NOTICE TO R2 IS HELD SUFFICIENT) …RESPONDENTS - 2 - NC: 2025:KHC:25139 CRL.P No. 7040 of 2025 HC-KAR THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE MEMORANDUM OF CRIMINAL PETITION AND BE PLEASED TO RELEASE THE PETITION ON REGULAR BAIL IN CRIME NO.0027/2025 PENDING ON THE FILE OF HONBLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-II AT BENGALURU, REGISTERED FOR OFFENCES P/U/S 65, 96, 143(1)(A), 143(1)(B), 143(4), 144(1) OF THE BNS 2023 AND U/S 4, 17 OF THE POCSO ACT, 2012, REGISTERED BY THE RESPONDENT NO.1 CCB POLICE STATION BENGALURU. 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.2 in Spl.C.No.1122/2025 pending before the Court of Additional City Civil and Sessions Judge, FTSC-II, Bengaluru arising out of Crime No.27/2025 registered by CCB Bengaluru City Police, Bengaluru for offences punishable under Sections 64, 96, 143(1)(a), 143(1)(b), 143(4), 144(1), 238 and 319 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 4 and 17 of the POCSO Act is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.27/2025 was registered by CCB Bengaluru City Police, Bengaluru for the aforesaid offences - 3 - NC: 2025:KHC:25139 CRL.P No. 7040 of 2025 HC-KAR against one Thimmappa @ Seena and others based on the first information received from respondent No.2-Police Officer. 4. During the course of investigation, petitioner herein was arrested on 19.04.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against four persons and petitioner is arraigned as accused No.2 in the chare sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.3500/2025 was rejected on 08.05.2025. Therefore, petitioner is before this Court. 5. Learned Senior counsel for the petitioner submits that petitioner is a reputed person in the Society and he is a Chartered Accountant by profession. Even according to the case of the prosecution, the victim girl had visited the hotel in which the petitioner was staying and petitioner was allegedly the customer of the victim girl, who undisputedly had represented in the hotel that she was a major and had produced Aadhaar card in support of her age proof. He submits that the document which is relied upon by the prosecution to prove the age of the victim girl is her Birth Certificate, which is registered - 4 - NC: 2025:KHC:25139 CRL.P No. 7040 of 2025 HC-KAR subsequent to registration of FIR in the present case. Further, proceedings as against the petitioner in the present case has been stayed by the Co-ordinate Bench of this Court in W.P.No.18946/2025. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP, on the other hand, has opposed the prayer made in the bail application. She submits that the victim girl is a minor and she has made allegation against the petitioner which would prima facie attract the charge sheeted offences against him. The prosecution has produced material in support of the age proof of the victim girl and accordingly, she prays to dismiss the petition. 7. Perusal of the averments made in the first information dated 17.04.2025 submitted by respondent No.2, who is a Police Officer would reveal that FIR in Cr.No.17/2025 was registered by CCB Police, wherein offence punishable under POCSO Act was invoked and during the investigation of the said case, accused No.1-Thimmappa was arrested on 28.03.2025 and during the course of his interrogation, he allegedly had confessed that he had sent the minor victim girl to the hotel, in - 5 - NC: 2025:KHC:25139 CRL.P No. 7040 of 2025 HC-KAR which the petitioner was staying and the petitioner had sexual intercourse with her. It is in this background, FIR in Cr.No.27/2025 was registered, in which the petitioner herein is arraigned as accused No.2 and the aforesaid Thimmappa is arraigned as accused No.1. Even according to the prosecution, the alleged victim was sent by accused No.1 to the hotel, in which the petitioner was staying and petitioner was allegedly the customer. The victim girl had represented to the hotel that she was aged 18 years and she had produced the Aadhaar card in the name of Sanju and thereafter, had gained entry to the hotel. The allegation against the petitioner is that he had sexual intercourse with the girl in the hotel room against her wishes. Investigation of the case is completed and charge sheet has been filed. 8. According to the learned Senior counsel for the petitioner, the Birth Certificate of the victim girl is registered subsequent to registration of FIR in the present case and the victim girl has made a statement that she is a major and even the Aadhaar card, which she had produced in the hotel, would reflect that she was a major. Be that as it may, at this stage, - 6 - NC: 2025:KHC:25139 CRL.P No. 7040 of 2025 HC-KAR this Court cannot hold a mini trial and record finding with
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.27/2025 of CCB Bengaluru City Police, Bengaluru registered for the offences punishable under Sections 64, 96, 143(1)(a), 143(1)(b), 143(4), 144(1), 238 and 319 of the BNS, 2023 and Sections 4 and 17 of the POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 7 - NC: 2025:KHC:25139 CRL.P No. 7040 of 2025 HC-KAR 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; 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 VM List No.: 1 Sl No.: 48