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2025 DAILYLAW 16368 (KAR)

MR. ADITYA KAVATEKAR v. THE STATE OF KARNATAKA

CRL.P/1725/2025 · 2025-04-08

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15064 CRL.P No. 1725 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1725 OF 2025 BETWEEN: MR. ADITYA KAVATEKAR S/O K. JAGADISH KUMAR AGED ABOUT 19 YEARS R/AT NO. 23, 4TH CROSS NEW SAI GARDEN LAYOUT M.S.PALYA, VIDYARANYAPURA BANGALORE CITY - 560 097. …PETITIONER (BY SRI CHETAN V, ADV.) AND: 1. THE STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, REP. BY SPP HIGH COURT OF KARNATAKA - 560 001. 2. XXX …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT - POLICE TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.17/2025 REGISTERED BY THE VIDYARANYAPURA POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 5(1), 6 OF POCSO ACT, 2012 AND U/S 137(2), 64(2)(m) OF BNS, 2023, PENDING BEFORE THE COURT OF THE FTSC-IV ADDL. DIST. AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15064 CRL.P No. 1725 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.17/2025 registered by Vidyaranyapura Police Station, Bengaluru City, for the offences punishable under Sections 5(L), 6 of POCSO Act, 2012, and Sections 137(2), 64(2)(m) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.17/2025 was registered by Vidyaranyapura Police Station, Bengaluru City, against the petitioner herein for the aforesaid offences based on the first information dated 16.01.2025 submitted by the victim girl aged about 17 years. During the course of investigation, petitioner was arrested on 17.01.2025 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.579/2025 was rejected on 01.02.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:15064 CRL.P No. 1725 of 2025 4. Perusal of the material on record would go to show that petitioner aged about 19 years is an Engineering student studying in Sri Krishna Institute of Technology, Bengaluru. It appears that petitioner and the victim girl were acquainted to each other and they were in love. The averments found in the first information was well as in the statement of the victim aged about 17 years recorded under Section 183 of BNSS, 2023, would go to show that petitioner and the victim girl had been to various places and petitioner allegedly also had sexual intercourse with the victim girl in the month of June 2024. It is alleged that subsequently victim girl found that petitioner was talking to other girls and when she questioned the petitioner, he allegedly stated that their relationship needs to be broken. It appears that thereafter the victim girl had also met the parents of the petitioner and informed to them about their relationshiop and also had brought to their notice that petitioner had allegedly promised to marry her. It is alleged that the father and elder sister of the petitioner pushed her, and therefore, she had called the police and thereafter, it appears that the case was registered against the petitioner. - 4 - NC: 2025:KHC:15064 CRL.P No. 1725 of 2025 5. Perusal of the detailed statement of the victim girl under Section 183 of BNSS, 2023, would go to show that petitioner and the victim girl were in a cordial relationship for a considerable period of time, and it is only when their relationship broke, she had approached the police. Petitioner aged about 19 years who is an Engineering student is in custody from 17.01.2025. Investigation of the case is completed and charge sheet has been filed. Continued detention of the petitioner amongst hardcore criminals is likely to have an adverse impact on his future prospects and career. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.17/2025 registered by Vidyaranyapura Police Station, Bengaluru City, for the offences punishable under Sections 5(L), 6 of POCSO Act, 2012, and Sections 137(2), 64(2)(m) of BNS, 2023, subject to the following conditions: - 5 - NC: 2025:KHC:15064 CRL.P No. 1725 of 2025 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