Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13802 CRL.P No.3506/2025
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.3506/2025
BETWEEN:
KAIF AHAMMED S/O ASHWAK ULLA AGED ABOUT 21 YEARS R/AT. GONIBEEDU TOWN AND HOBLI MUDIGERE TALUK CHIKKAMAGALURU DISTRICT-577132.
…PETITIONER (BY SRI. ABHIJITH M.M. ADV.,)
AND:
1.
STATE OF KARNATAKA BY GONIBEEDU POLICE STATION CHIKKAMAGALURU DISTRICT REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU-560001.
2. xxx
…RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 R2 H/S V/O/DTD:02.04.2025)
Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka
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NC: 2025:KHC:13802 CRL.P No.3506/2025
THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.12/2025 OF RESPONDENT GONIBEEDU POLICE STATION, CHIKKAMAGALURU DISTRICT, REGISTERED FOR ALLEGED OFFENCE P/U/S 75 OF BNS AND U/S 8 AND 12 OF POCSO ACT, PENDING ON THE FILE OF THE LEARNED ADDL.
DIST. AND SESSIONS JUDGE, FTSC-1 AT CHIKKAMAGALURU IN THE INTEREST OF JUSTICE AND EQUITY.
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 in Crime.No.12/2025 registered by Gonibeedu police station, Chikkamagaluru for the offences punishable under Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 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.
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NC: 2025:KHC:13802 CRL.P No.3506/2025
3. FIR in Crime.No.12/2025 was registered by Gonibeedu police station, Chikkamagaluru against the petitioner for the aforesaid offences based on first information dated 28.01.2025 received from respondent No.2, who is the father of the victim girl aged about 16 years. During the course of investigation of the case, the petitioner herein was arrested on 29.01.2025 and subsequently remanded to judicial custody. The bail application filed before the Jurisdictional Sessions Court in Crime.No.12/2025 was rejected on 10.02.2025. Therefore, he is before this Court.
4. Perusal of the material on record would go to show that allegation against the petitioner in first information is that he had taken the victim girl to the hillock in their village and inspite of her resistance, he had kissed her and had touched her breasts inappropriately. Investigation of the case is now completed and charge sheet has been already filed. Maximum punishment for the alleged offences is imprisonment for a period of five years.
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NC: 2025:KHC:13802 CRL.P No.3506/2025
Petitioner aged about 21 years having no criminal antecedents is in custody from 29.01.2025.
5. Considering the aforesaid aspects of the matter and also having regard to the nature of allegations found against the petitioner, I am of the opinion that the prayer of the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime.No.12/2025 registered by Gonibeedu police station, Chikkamagaluru for the offences punishable under Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions:
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NC: 2025:KHC:13802 CRL.P No.3506/2025
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
ABK List No.: 1 Sl No.: 46