Criminal Petition No. 13183 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9366 CRL.P No. 13183 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13183 OF 2024 BETWEEN: PURUSHOTHAMA @ PURU S/O LATE NAGABORAIAH AGED ABOUT 23 YEARS R/AT NEELASANDRA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 159 (BY SRI. VINOD .N., ADVOCATE) AND: 1. STATE BY CHANNAPATNA RURAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 2. RADHA W/O SHANKAR, AGED ABOUT 37 YEARS, R/AT MASIGOWDANADODDI VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 159 Digitally signed by NANDINI B G Location: high court of karnataka …PETITIONER
Legal Reasoning
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR RESPONDENT NO.1. R2 - SERVICE HELD SUFFICIENT V/O DT.20.12.2024) …RESPONDENTS THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL I.E., ACCUSED IN SPL.C.NO.137/2024 I.E., CR.NO.145/2024 REGISTERED BY THE CHANNAPATNA RURAL P.S. FOR THE OFFENCE P/U/S 137(2), 64(1), - 2 - NC: 2025:KHC:9366 CRL.P No. 13183 of 2024 64(2)(M) AND 87 OF BNS ACT AND SEC. 4(1), 5(L), 6 OF POCSO ACT, PENDING BEFORE 1ST ADDL. DIST. AND SESSIONS JUDGE, RAMANGARA. THIS CRL.P, 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.137/2024, pending before the Court of 1st Additional District and Sessions Judge, Ramanagara, arising out of Crime No.145/2024 registered by Channapatna Rural Police Station, Ramanagara, for the offences punishable under Sections 137(2), 64(1), 64(2)(m), 87 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections and 4(1), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent - 3 - NC: 2025:KHC:9366 CRL.P No. 13183 of 2024 No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.145/2024 was registered by Channapatna Rural Police Station, Ramanagara against the petitioner herein initially for offence punishable under Sections 137(2) of BNS-2023 on the basis of the first information dated 09.07.2024 received from respondent No.2, who is the mother of the victim girl who was studying in 2nd year PUC. 4. During the course of investigation of the case, the victim girl and the petitioner were traced together. Petitioner was arrested on 12.07.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.872/2024 was rejected on 13.11.2024. Therefore, he is before this Court. - 4 - NC: 2025:KHC:9366 CRL.P No. 13183 of 2024 5. Learned counsel for the petitioner submits that the petitioner and the victim girl are in love. Victim girl had compelled the petitioner to take her along with him. Victim girl has not made any serious allegations against the petitioner in her statement recorded under Section 183 of BNSS-2023. The petitioner has no criminal antecedents. Accordingly, he prays for allowing the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that victim girl is minor and therefore alleged offences get attracted against the petitioner. In the event he is enlarged on bail, he is likely to tamper the prosecution witness. Accordingly, he prays to dismiss this petition. 7. Materials on record would go to show that the victim girl who was studying in 2nd year PUC was found missing from her house on the early hours of 08.07.2024. Efforts made to trace her had failed and therefore, her mother had approached the police on 09.07.2024. Based on her statement, FIR in Crime No. 145/2024 was initially - 5 - NC: 2025:KHC:9366 CRL.P No. 13183 of 2024 registered against the petitioner for offence punishable under Sections 137(2) of BNS-2023, since first informant suspected the petitioner with whom the victim girl was in love. The petitioner and the victim girl were subsequently traced together and the petitioner was arrested on 12.07.2024 and remanded to judicial custody. The statement of the victim girl under Section 183 of BNSS- 2023 was recorded on 14.08.2024. Victim girl has stated that she was in love with the petitioner and her father had misbehaved with her. Therefore, she was frightened and decided to leave her house. She herself had forced the petitioner to take her along with him, after her mother assaulted her in her house for the reason that she was in love with the petitioner. She has stated, on 08.07.2024 they had gone together to Madhappa Hill and thereafter, traveled to Dharmasthala and Kukke and when they were returning, the police apprehended them in Malvalli bus stand and brought them back to the village. She has stated that while she was with the petitioner, she had - 6 - NC: 2025:KHC:9366 CRL.P No. 13183 of 2024 physical contact with him. She has not made any serious allegation against the petitioner with whom she is in love. Petitioner aged 23 years having no criminal antecedents is in custody for more than 7 months. Investigation is completed and the trial in the case is yet to commence. 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 affirmatively. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.145/2024 registered by Channapatna Rural Police Station, Ramanagara, for the offences punishable under Sections 137(2), 64(1), 64(2)(m), 87 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Sections and 4(1), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'), subject to the following conditions: - 7 - NC: 2025:KHC:9366 CRL.P No. 13183 of 2024 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; 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 SPV List No.: 1 Sl No.: 47