Criminal Petition No. 7882 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25877 CRL.P No. 7882 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7882 OF 2025 BETWEEN: SRI DHARMENDRA @ DHRUVA S/O LATE RAJU AGED ABOUT 23 YEARS RESIDING AT NO.34, ANUBANDHA NILAYA, 2ND MAIN ROAD THIMMAIAH GARDEN, ABBIGERE CHIKKABANAVARA POST BANGALORE - 560 090. (BY SRI RAJESH A, ADV.) AND: 1. STATE BY TUMAKURU WOMEN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX …PETITIONER
Legal Reasoning
is before this Court in this successive bail petition. 4. Learned Counsel for the petitioner submits that victim and the first informant have been examined before the Trial Court as PW-1 & PW-2, respectively. Petitioner who has no criminal antecedents is in custody for the last nearly 22 months. Out of the 39 charge sheet witnesses, till date only two witnesses have been examined. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:25877 CRL.P No. 7882 of 2025 HC-KAR 5. Per contra, learned Addl. SPP has opposed the petition. She submits that the victim has supported the case of prosecution, and therefore, the alleged offences get attracted against the petitioner. In the event he is enlarged on bail, he may tamper with the other prosecution witnesses. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner and the victim girl were acquainted to each other. The victim girl who was aged about 17 years 2 months as on the date of registration of the FIR, had pledged her gold chain and paid a sum of Rs.40,000/- to the petitioner and since the petitioner had not repaid the said amount, a quarrel had taken place between them. It is further alleged that subsequently petitioner had taken the victim girl to a room and after consuming the juice given by the petitioner, the victim girl allegedly had lost consciousness and petitioner allegedly had thereafter committed sexual assault on her. He had also threatened her of circulating her photographs and videos in social media, and subsequently twice he had committed sexual - 5 - NC: 2025:KHC:25877 CRL.P No. 7882 of 2025 HC-KAR assault on the victim girl. It is under these circumstances, the mother of the victim girl had approached the police. 7. Petitioner has no other criminal antecedents. He is in custody from 22.09.2023 onwards. Before the Trial Court, the victim girl is examined as PW-1 and her mother who is the first informant is examined as PW-2. Out of 39 charge sheet witnesses cited in the present case, till date only two witnesses have been examined. Petitioner is in custody for the last nearly 22 months. Since material charge sheet witnesses have been already examined before the Trial Court, there cannot be any apprehension that petitioner may tamper with the material witnesses. Considering that only two charge sheet witnesses have been examined out of the 39 charge sheet witnesses,
Arguments
(BY SMT. ASMA KAUSER, ADDL. SPP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DTD 14.07.2025) …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA TO THE ENLARGE THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING IN SPL.C.NO.878/2023 (CRIME NO.188/2023) FOR THE OFFENCE P/US/ 376,354-D,504,506 OF IPC AND SEC.6 OF POCSO ACT 2012 AND U/S.3(1)(r),3(1)(s),3(2)(v) OF SC/ST (POA) AMENDMENT ACT 2015 REGISTERED BY TUMAKURU WOMEN POLICE STATION, TUMAKURU DISTRICT PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC 1) TUMAKURU. PETITIONER ON BAIL - 2 - NC: 2025:KHC:25877 CRL.P No. 7882 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 1. Accused in Spl.C.No.878/2023 pending before the Court of Addl. District & Sessions Judge (FTSC-1), Tumakuru, arising out of Crime No.188/2023 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 376, 354D, 504, 506 of IPC, Section 6 of the POCSO Act, and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2 who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.188/2023 was registered by Tumakuru Women Police Station, Tumakuru, for the aforesaid offences against the petitioner herein based on the first information - 3 - NC: 2025:KHC:25877 CRL.P No. 7882 of 2025 HC-KAR dated 21.09.2023 received from respondent no.2 who is the mother of the victim girl who was aged 17 years 2 months as on the date of registration of the FIR. During the course of investigation, petitioner herein was arrested on 22.09.2023 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.27/2024 was dismissed on 18.01.2024. Therefore, petitioner had approached this Court in Crl.P.No.4341/2024 which was dismissed as withdrawn on 06.06.2024. It is under these circumstances, he
Decision
chances of trial being completed and case being disposed of in the nature future is very remote. 8. In the case of JAVED GULAM NABI SHAIKH VS STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693, at paragraph No.19, the Hon'ble Supreme Court has observed as follows: - 6 - NC: 2025:KHC:25877 CRL.P No. 7882 of 2025 HC-KAR "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 9. Under the circumstances, I am of the opinion that without expressing any opinion on the merits and demerits of the case, having regard to the period of incarceration of the petitioner, his prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 10. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.878/2023 pending before the Court of Addl. District & Sessions Judge (FTSC-1), Tumakuru, arising out of Crime No.188/2023 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 376, 354D, 504, 506 of IPC, Section 6 of the POCSO Act, and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled - 7 - NC: 2025:KHC:25877 CRL.P No. 7882 of 2025 HC-KAR Castes and Scheduled Tribes (Prevention of Atrocities) 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 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 KK