Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:13985 CRL.P No. 3042 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3042 OF 2025 BETWEEN:
SHAKTHI, S/O SHIVA, AGED ABOUT 20 YEARS, R/AT III CROSS, ANANDAPURA, CHANNAPATANA TOWN, RAMANAGARA DISTRICT PIN - 562 160.
(NOW IN J.C) …PETITIONER (BY SRI. A N RADHA KRISHNA.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY CHANNAPATNA RURAL POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001.
2. XXX XXX, …RESPONDENTS (BY SRI.K.NAGESHWARAPPA., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL, IN CRIME NO.
252/24 FOR O/P/U/S 137(2), 96, 64(M), 65(1) R/W 3(5) OF BNS AND U/S 5(L) , 6, 8 12 OF POCSO ACT (CHANNAPATNA RURAL P.S) NOW PENDING ON THE FILE OF LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA.
Digitally signed by KAVYA R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:13985 CRL.P No. 3042 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 Accused No.2 in Crime No.252/2024 registered Channapatna Rural Police Station, Ramanagara District, for offences punishable under Sections 137(2), 96, 64(m), 65(1) read with Section 3(5) of BNS 2023 and Sections 5(L), 6, 8 and 12 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS 2023 seeking regular bail.
2. Heard the learned Counsel for the petitioner and 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.252/2024 was registered by Channapatna Rural Police Station, Ramanagara District, against unknown persons initially for offences punishable under Section 137(2) of BNS, 2023, based on the first
- 3 -
NC: 2025:KHC:13985 CRL.P No. 3042 of 2025
information dated 15.12.2024 received from respondent No.2, who is the mother of the victim girls.
4. During the course of investigation of the case, petitioner herein was arrested on 07.01.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.63/2025 was rejected on 10th February, 2025. Therefore, petitioner is before this Court.
5. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons for the offence punishable under Section 137(2) of BNS, 2023, after the victim girls who are the daughters of first informant were found missing. Subsequently, the victim girls were traced and their statement under Section 183 of BNSS 2023 has been recorded by the Jurisdictional Magistrate on 31.12.2024. The victim girls aged about 13 years and 14 years respectively, who are the daughters of the first informant
- 4 -
NC: 2025:KHC:13985 CRL.P No. 3042 of 2025
have not made any allegations against the accused persons which would prima-facie attract alleged offence against them. Petitioner aged about 20 years having no criminal antecedents is in custody from 07.01.2025. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.252/2024 registered Channapatna Rural Police Station, Ramanagara District, for offences punishable under Sections 137(2), 96, 64(m), 65(1) read with Section 3(5) of BNS 2023 and Sections 5(L), 6, 8 and 12 of the POCSO Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One
- 5 -
NC: 2025:KHC:13985 CRL.P No. 3042 of 2025
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 KVR List No.: 1 Sl No.: 39