Criminal Petition No. 7644 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23920 CRL.P No. 7644 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7644 OF 2025 BETWEEN: AKHILESH P. S/O. PAPANNA AGED ABOUT 26 YEARS AGRICULTURIST AND COOLIE R/O. NIANNIVALA VILLAGE CHALLAKERE TALUK CHITRADURGA DISTRICT - 577 522. (BY SRI NAVEEN H. M., ADVOCATE) AND: 1. STATE OF KARNATAKA
Legal Reasoning
CHALLAKERE POLICE REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX
Legal Reasoning
(BY SRI RANGASWAMY R., H.C.G.P., FOR R-1; NOTICE TO R-2 IS HELD SUFFICIENT; VIDE ORDER DATED 27/6/2025) …PETITIONER …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.360/2024 OF RESPONDENT CHALLAKERE POLICE REGISTERED FOR OFFENCE P/U/S 351(2), 137(2), 64 OF B.N.S. ACT AND SECTION 4 AND 6 OF POCSO ACT AND ALSO SPL.CASE NO.143/2024, WHICH IS PENDING BEFORE HONBLE 2ND ADDL.DISTRICT AND SESSIONS JUDGE COURT AT CHITRADURGA ON SUCH TERMS AND CONDITIONS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:23920 CRL.P No. 7644 of 2025 HC-KAR 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.143/2024 pending before the Court of Special II Addl. District & Sessions Judge, Chitradurga, arising out of Crime No.360/2024 registered by Challakere Police Station, Chitradurga District for the offences punishable under Sections 351(2), 137(2) & 64 of BNS, 2023 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.360/2024 was registered by Challakere Police Station, Chitradurga District against the petitioner initially for the offence punishable under Section 137(2) of BNS, 2023, on the basis of first information dated 26.07.2024 received from respondent No.2 herein who is the father of the victim girl, who was aged about 17 years as on - 3 - NC: 2025:KHC:23920 CRL.P No. 7644 of 2025 HC-KAR the said date. During the course of investigation, the petitioner and the victim girl were traced together and brought back to their village. The petitioner was arrested and produced before the jurisdictional Court on 02.08.2024 and 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 earlier filed by the petitioner before this Court in Crl.P.No.14241/2024 was dismissed as withdrawn on 13.01.2025 with liberty to the petitioner to renew his bail application before the Sessions Court, after victim's evidence is recorded. Thereafter, the petitioner had filed fresh bail application before the Trial Court in Spl.C(Pocso).No.143/2024, which was rejected on 21.04.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 7. Per contra, learned HCGP for respondent No.1 has opposed the petition. He submits that the victim girl is a minor - 4 - NC: 2025:KHC:23920 CRL.P No. 7644 of 2025 HC-KAR and she has supported the case of the prosecution. Accordingly, he prays to dismiss the petition. 8. Perusal of the material on record would go to show that, the victim's elder sister is married to the elder brother of the petitioner herein. Therefore, it is apparent that the petitioner and the victim girl are relatives. The first information was submitted by the father of the victim girl alleging that, his minor daughter who is aged about 17 years was found missing from the house on 24.07.2024. The efforts made to trace her had failed. Therefore, he had approached the police on 26.07.2024. Since he was suspecting the hand of the petitioner, FIR was initially registered against the petitioner for the offence punishable under Section 137(2) of BNS, 2023. Subsequently, the petitioner and the victim girl were traced together. The petitioner was arrested on 02.08.2024 and remanded to judicial custody. 9. The statement of the victim girl under Section 183 of BNS, 2023 was recorded during the course of investigation. The victim girl has been now examined before the Trial Court as PW1. She has stated that the petitioner had taken her along with him in his motorbike from Chitradurga to Dharmasthala on - 5 - NC: 2025:KHC:23920 CRL.P No. 7644 of 2025 HC-KAR 24.07.2024 and on their way to Dharmasthala, near a forest at Mudigere, the petitioner allegedly had sexual intercourse with her at about 10.30 p.m, against her wishes. Thereafter, they travelled in their motorbike to Dharmasthala. Since they did not have necessary document they were not given a room in Dharmasthala but they had stayed in Dharmasthala, for a period of five days. Thereafter, they had returned to Chitradurga on 29.07.2024 and on 30.07.2024 when she was sitting near a temple at Chitradurga, the police came there and brought her back to their village. 10. The victim girl, who was very well aware that the petitioner was a married man had travelled with him to Dharmasthala in his motorbike from Chitradurga and thereafter stayed at Dharmasthala for a period of five days, even though they did not get a room at Dharmasthala. The petitioner, who has no criminal antecedents is in custody for the last ten months. Since the material charge sheet witness has been already examined there cannot be any apprehension that the petitioner may tamper with the material prosecution witness. Out of the 38 charge sheet witnesses cited in the present case - 6 - NC: 2025:KHC:23920 CRL.P No. 7644 of 2025 HC-KAR till date only four charge sheet witnesses have been examined before the Trial Court. Therefore, the chances of trial being
Decision
completed and case being disposed of in the near future is very remote. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively without expressing any opinion on the merits/demerits of the case. 11. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.143/2024 pending before the Court of Special II Addl. District & Sessions Judge, Chitradurga, arising out of Crime No.360/2024 registered by Challakere Police Station, Chitradurga District for the offences punishable under Sections 351(2), 137(2) & 64 of BNS, 2023 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, 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:23920 CRL.P No. 7644 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 involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS