Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14938 CRL.P No. 2692 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. 2692 OF 2025 BETWEEN:
MR. MANIKANTA S/O LATE MANIYAPPA AGED ABOUT 32 YEARS RESIDING AT HORALAVADI VILAGE, NANJANAGUD TALUK MYSURU DISTRICT - 571 129. …PETITIONER (BY SRI BIJOY M.T, ADV.) AND:
1.
STATE BY INSPECTOR OF POLICE BILIGERE POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR (HCGP) HIGH COURT OF KARNATAKA - 560 001.
2. XXXX
…RESPONDENTS (BY SMT. PUSHPALATHA.B., ADDL. SPP FOR R-1;
SRI SHARATH.J.M., ADV. FOR R-2)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL BY ACCEPTANCE OF SOLVENT SURETIES OR AS IN THE MANNER THAT THIS HONBLE COURT DEEMS FIT, IN CR.NO.92/2024 REGISTERED BY THE FIRST RESPONDENT (BILIGERE POLICE) AND PENDING IN THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU (FTSC-I) AS SPL.C.NO.618/2024 FOR THE OFFENCEES P/U/S 5(L), 5(n) , AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, SEC. 376(2)(n), AND 376(3) OF IPC AND SEC 67B OF INFORMATION TECHNOLOGY ACT 2012.
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14938 CRL.P No. 2692 of 2025
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.618/2024 pending before the Court of Addl. District & Sessions Judge (FTSC-1), Mysuru, arising out of Crime No.92/2024 registered by Billigere Police Station, Mysuru District, for the offences punishable under Sections 5(L), 5(n) & 6 of the POCSO Act, Sections 376(2)(n) & 376(3) of IPC, and Section 67(B) of the Information Technology Act, 2012, 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.92/2025 was registered by Billigere Police Station, Mysuru District, against the petitioner herein for the aforesaid offences based on the first information dated 22.09.2024 received from respondent no.2 who is the mother of the victim girl aged about 16 years. During the course of investigation of the case, petitioner herein was arrested on 22.09.2024 and subsequently remanded to judicial custody.
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NC: 2025:KHC:14938 CRL.P No. 2692 of 2025
After completion of investigation, charge sheet has been filed for the aforesaid offences. Petitioner's bail application filed before the Trial Court in Crime No.92/2024 was rejected on
10.10.2024. Therefore, he is before this Court.
4.
Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that medical records of the victim girl do not support the case of the prosecution. Petitioner has no criminal antecedents. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP and the learned Counsel for respondent no.2 have seriously opposed the prayer made in the petition. They submit that petitioner who is a married man had not only sexually assaulted the victim girl, but also recorded her obscene videos and thereafter circulated the same. In the event, petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, they pray to dismiss the petition. 6. In the first information that was submitted by the mother of the victim girl, she has alleged that petitioner who had
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NC: 2025:KHC:14938 CRL.P No. 2692 of 2025
recorded the nude video of the victim girl when she was taking bath, had thereafter misused the same and by threatening the victim girl, had sexual intercourse with her and also recorded the said videos and subsequently he also had circulated the said videos. 7. During the course of investigation, the statement of the victim girl was recorded under Section 161 Cr.PC as well as under Section 164 Cr.PC and the victim girl has made categorical allegations against the petitioner which would prima facie attract the charge-sheeted offences against him. Petitioner is a married man and he is said to be the distant relative of the victim girl. 8. Learned Addl. SPP as well as the learned Counsel for respondent no.2 have submitted that during the course of investigation, obscene videos of the victim girl which was circulated from the mobile phone of the petitioner have been retrieved from his mobile phone. 9. Petitioner aged about 32 years has not only sexually exploited the victim girl by threatening her, but also has spoiled
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NC: 2025:KHC:14938 CRL.P No. 2692 of 2025
her image in the society by circulating her obscene videos which he had recorded in his mobile phone. 10.
Considering the nature of allegations found against the petitioner in the charge sheet as well as in the statements of the victim girl, I am of the opinion that the prayer made by the petitioner for grant of regular bail cannot be entertained. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE
KK