Criminal Petition No. 78 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:5803 CRL.P No. 78 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 78 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI ASHOKA P Y S/O YARRAPPA AGED ABOUT 25 YEARS, R/AT ISAMAGUTTA VILLAGE, BUKKANAPALLI ROAD, PATHAPALYA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DIST.-561 207. (BY SRI. MANJUNATHA A.C., ADVOCATE) …PETITIONER AND:
Legal Reasoning
Digitally signed by LAKSHMI T Location: High Court of Karnataka 1. STATE OF KARNATAKA BY WOMEN POLICE STATION CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT-562101 REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU-560 001.
Legal Reasoning
2. SMT. RAMALAKSHMAMMA W/O SRINIVASA G.M. AGED ABOUT 35 YEARS, R/AT, GUDIPALLI VILLAGE BAGEPALLI TALUK, CHIKKABALLAPURA DIST. PIN-561 207. …RESPONDENTS - 2 - NC: 2025:KHC:5803 CRL.P No. 78 of 2025 (BY SRI. RAMASWAMY R, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; NOTICE IS SERVED ON RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SPL. S.C.NO.109/2022 (CRIME NO.83/2022) OF RESPONDENT CHIKKABALLAPURA WOMEN POLICE STATION, CHIKKABALLAPURA DISTRICT REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 343, 363, 376(2)(n) OF THE IPC AND UNDER SECTION 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, NOW PENDING ON THE FILE OF LEARNED FAST TRACK SPECIAL COURT-I (POCSO) AND COURT OF HON’BLE ADDITIONAL SESSIONS JUDGE AT, CHIKKABALLAPURA VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Crime No.83/2022 registered by Chikkaballapura Women Police Station. - 3 - NC: 2025:KHC:5803 CRL.P No. 78 of 2025 2. Heard both sides and perused the material on record. 3. Crime was registered on a complaint lodged by victim's father, wherein he has alleged that his minor daughter studying in I PUC went to College as usual on 04.08.2022 from the hostel. He was then informed by the teachers that, his daughter has not attended the classes and therefore, he enquired in the hostel and searched for his daughter but did not trace her. He suspected that the petitioner herein might have kidnapped his daughter. On his complaint, case was registered against the petitioner for an offence punishable under Section 363 of IPC. 4. After the victim was traced, her statement was recorded by the Police as well as by the learned Magistrate and her medical examination was conducted. On completion of investigation, charge sheet was filed against the petitioner / accused for the offence punishable under Sections 343, 363, 376(2)(n) of IPC and Section 6 of the POCSO Act, 2012. 5. It is the case of prosecution that the accused by inducing the minor victim aged between 16 and 17 years, with - 4 - NC: 2025:KHC:5803 CRL.P No. 78 of 2025 a promise of marriage, kidnapped her on a motorcycle bearing registration No.KA-40-EC-8498, on 04.08.2022 at about 9.30 a.m. and took her to the semi constructed house of CW.4 and between 06.08.2022 and 09.08.2022, committed penetrative sexual assault on her, 3 to 4 times, against her will. 6. Learned counsel submitted that the petitioner is in jail since 12.08.2022. He has undergone more than 2½ years of imprisonment. There are 27 witnesses cited in the charge sheet and as of now, only 3 witnesses are examined. He has relied on a decision of the Hon'ble Apex Court in Deshraj @ Musa v. State of Rajasthan & Anr. [2024 SCC OnLine SC 2709] and contended that under similar circumstances, bail was granted to the accused. 7. Learned High Court Government Pleader has opposed the prayer for bail contending that as per medical estimation of the victim's age, she was between 16 and 17 years during the relevant time and in view of her statement and the medical examination report, prima facie case is made out against the petitioner. He would also contend that victim has given her evidence before the Court corroborating her - 5 - NC: 2025:KHC:5803 CRL.P No. 78 of 2025 statement given before the Police and therefore, there is a prima facie case against the petitioner. He has accordingly sought to dismiss the petition. 8. The petitioner was arrested on 12.08.2022. He is in custody for 2½ years. There are 27 witnesses cited in the charge sheet. 9. Learned High Court Government Pleader submitted that summons are issued to CWs.4 to 6 and the case is posted on 14.02.2025. 10. Learned counsel for the petitioner has contended that even accepting the case of prosecution, victim was in love with the petitioner and she herself accompanied him and the allegation that she was subjected to sexual assault is incorrect. It is further contended that the victim was not a minor as stated by the prosecution and to prove her age, prosecution has not collected any authentic evidence. 11. In this case, the evidence of the victim as well as her parents is already recorded. The question of tampering the victim therefore, does not arise, as her evidence is already recorded. The petitioner is in judicial custody for 2½ years. - 6 - NC: 2025:KHC:5803 CRL.P No. 78 of 2025 Considering the same, without expressing any view on the merits of the case, petitioner can be admitted to bail by imposing conditions. Accordingly, the following:
Decision
ORDER Petition is allowed. Petitioner / accused in Spl. S.C.[POCSO] No.109/2022 on the file of the Additional District and Sessions Judge, Fast Track Special Court-I [POCSO], Chikkaballapura (Crime No.83/2022 of Chikkaballapura Women Police Station), shall be enlarged on bail subject to following conditions: 1. He 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. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 7 - NC: 2025:KHC:5803 CRL.P No. 78 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SMA List No.: 1 Sl No.: 19