Criminal Petition No. 7299 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20288 CRL.P No. 7299 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7299 OF 2025 BETWEEN: SRI ANJANEYALAY @ ANJI S/O B. VENKATARONAPPA AGED ABOUT 28 YEARS R/A BANDAPALLI VILLAGE CHILAMATTURU MANDALAM SATHYA SAI DISTRICT ANDHRA PRADESH - 515 134. (BY SRI DEVENDRA N, ADV.) AND: 1. STATE OF KARNATAKA …PETITIONER
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA BY GUDIBANDE POLICE STATION CHIKKABALLAPUR, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX
Legal Reasoning
(BY SMT. ASMA KOUSER, HCGP FOR R-1; V/O DTD:04.06.2025 NOTICE TO R-2 HELD SUFFICIENT) …RESPONDENTS THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO. 0199 / 2023 FOR THE OFFENSES PUNISHABLE UNDER SECTION 376 (2) (n) OF IPC AND SECTION 6 OF PROTECTION OF WOMEN FROM SEXUAL OFFENSES ACT, 2012 LATER REGISTERED AS SPL. SC NO. 17/2024 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 363, 342, 376 (2) (i) (n) OF IPC AND SECTIONS 5 (L), 6 OF PROTECTION OF WOMEN FROM SEXUAL OFFENSES ACT, 2012 AND SECTION 181 OF - 2 - NC: 2025:KHC:20288 CRL.P No. 7299 of 2025 HC-KAR INDIAN MOTOR VEHICLES ACT, 1881 REGISTERED BY GUDIBANDE POLICE STATION, CHIKKABALLAPUR DISTRICT (1ST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE PETITIONER IN COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC I, CHIKKABALLAPUR IN SPL. SC. NO. 17 / 2024 WAS REJECTED VIDE ORDER DATED 31.08.2024 .THE ADDL. SESSIONS JUDGE,FTSC- I(POCSOA) CHIKKABALLAPURA HAS REJECTED THE BAIL PETITION ON 31.08.2024. 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.S.C.No.17/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Chikkaballapur, arising out of Crime No.199/2023 registered by Gudibande Police Station, Chikkaballapura District for the offences punishable under Sections 363, 342, 376(2)(i)(n) of IPC, Section 5(L), & 6 of the Protection of Children from Sexual Offences Act, 2012 and 181 of Indian Motor Vehicles Act is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. - 3 - NC: 2025:KHC:20288 CRL.P No. 7299 of 2025 HC-KAR 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.199/2023 was registered by Gudibande Police Station, Chikkaballapura District against the petitioner herein initially for the offences punishable under Section 376(2)(n) of IPC and Section 6 of POCSO Act, on the basis of first information dated 06.12.2023 received from respondent No.2 herein who is the father of the victim girl, aged about 16 years 8 months as on the said date. During the course of investigation, the petitioner was arrested and produced before the jurisdictional Court on 09.12.2023 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Spl.S.C(POCSO)No.17/2024 was dismissed on 31.08.2024. Therefore, he is before this Court. - 4 - NC: 2025:KHC:20288 CRL.P No. 7299 of 2025 HC-KAR 6. Learned counsel for the petitioner submits that as on this date, the victim girl and her parents have been already examined before the Trial Court as PWs.1 to 3. The petitioner has no criminal antecedents and he is in custody since one year seven months. Accordingly, he prays to allow the petition. 7. Per contra, learned Addl. SPP for respondent No.1 has opposed the petition. She submits that witnesses have supported the case of the prosecution. Accordingly, she prays to dismiss the petition. 8. Perusal of the first information submitted by the father of the victim girl would go to show that, the petitioner and the victim girl were acquainted to each other. The allegation against the petitioner is that he had taken the victim girl along with him and had sexual intercourse with her against her wishes. During the course of investigation of the case, the petitioner was arrested on 09.12.2023. - 5 - NC: 2025:KHC:20288 CRL.P No. 7299 of 2025 HC-KAR 9. The statement of the victim girl under Section 164 of Cr.P.C was recorded in the present case on 14.12.2023 wherein she has stated that the petitioner has not committed any sexual assault on her against her wishes. The victim girl and her parents are now examined before the Trial Court as PWs.1 to 3. Therefore, there cannot be any apprehension that the petitioner may tamper with the prosecution witness. 10. Though learned Addl. SPP has stated that the prosecution witnesses have supported the case of the prosecution, at this stage, this Court cannot appreciate the deposition of the witnesses and hold a mini trial. Undisputedly, the petitioner has no criminal antecedents. He is in custody for the last more than 1 year 7 months. Out of the 33 charge sheet witnesses cited in the case only 3 witnesses have been examined till date. 11. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered - 6 - NC: 2025:KHC:20288 CRL.P No. 7299 of 2025 HC-KAR affirmatively without expressing any opinion on merits/demerits of the case. 12. Accordingly, the following:
Decision
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.No.17/2024 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Chikkaballapur, arising out of Crime No.199/2023 registered by Gudibande Police Station, Chikkaballapura District for the offences punishable under Sections 363, 342, 376(2)(i)(n) of IPC, Section 5(L), & 6 of the Protection of Children from Sexual Offences Act, 2012 and 181 of Indian Motor Vehicles Act, subject to the following conditions: a) The petitioner shall execute a 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; - 7 - NC: 2025:KHC:20288 CRL.P No. 7299 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 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 NMS