- 1 - NC: 2025:KHC:16464 CRL.P No. 4091 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4091 OF 2025 BETWEEN: SRI. VINAYAKA S/O SRI. NEMAPPA AGED ABOUT 30 YEARS RESIDING AT JAVALAGHATTA VILLAGE, DAVANAGERE TALUK AND DISTRICT KARNATAKA - 577 525 …PETITIONER (BY SRI. SRINIVAS A R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HADADI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING AMBEDKAR VEEDI BANGALORE - 560 001 2. XXXX …RESPONDENTS (BY SMT. PUSHPALATHA .B., ADDL.S.P.P. R2 - SERVICE HELD SUFFICIENT V/O 9.4.25) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.163/2022 OF RESPONDENT HADADI POLICE, NOW IN SPL.S.C.NO.228/2022 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC I AT DAVANAGERE FOR THE OFFENCE P/U/S Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:16464 CRL.P No. 4091 of 2025 363, 366-A, 376, 506 OF IPC SEC.4, 6 OF POCSO ACT 2012 AND SEC.9 OF THE PROHIBITION ACT CHILD MARRIAGE ACT 2006. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.228/2022 pending before the Court of Additional District and Sessions Judge FTSC-1, Davangere, arising out of Crime No.163/2022 registered by Hadadi Police Station, Davanagere for offences punishable under Sections 363, 366A, 376, 506 of the Indian Penal Code (for short, 'IPC'), Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 9 of Prohibition of Child Marriage Act, 2006 (for short, 'PCMA') is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.163/2022 was registered by Hadadi Police Station, Davanagere against the petitioner initially for - 3 - NC: 2025:KHC:16464 CRL.P No. 4091 of 2025 the offence punishable under Section 363 of IPC based on the first information dated 02.10.2022 received from respondent No.2, who is the mother of the victim girl aged about 15 years. 4. During the course of investigation of the case, petitioner herein was arrested on 06.10.2022 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.6742/2023 which was dismissed as withdrawn vide order dated 26.09.2023 with liberty to approach this Court a fresh after examination of the victim girl was completed before the Trial Court. It is under these circumstances, the petitioner is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that, till date, out of the 40 charge sheet witnesses eight charge sheet witnesses have been examined as PWs.1 to 8. Petitioner who has no criminal antecedents is in custody for the last more than 2½ years. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:16464 CRL.P No. 4091 of 2025 6. Per contra, learned Additional SPP has opposed the petition. She submits that victim girl has supported the case of prosecution and considering the seriousness of the offences, petitioner's prayer for bail has to be rejected. Accordingly, she prays to dismiss the petition. 7. Perusal of the materials on record would go to show that after the victim girl was found missing from their house on 01.10.2022, efforts were made to trace her and thereafter, her mother approached the police on 02.10.2022 and since, she suspected the hand of the petitioner, FIR was initially registered against the petitioner for offence punishable under Section 363 of IPC. It appears that subsequently the petitioner and victim girl were traced and petitioner was arrested on 06.10.2022. Investigation of the case is completed and the charge sheet has been filed. Before the Trial Court, till date 8 charge sheet witnesses have been examined as PWs-1 to 8. The victim girl and her mother have been examined before the Trial Court as PWs-1 and 2 respectively. Since, the material charge sheet witnesses have been already examined, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. Out of the 40 charge - 5 - NC: 2025:KHC:16464 CRL.P No. 4091 of 2025 sheet witnesses cited in the present case, till date, only 8 charge sheet witnesses have been examined. Petitioner having no other criminal antecedents is in custody for the last more than 2½ years. 8. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, has observed as follows: "19. If the State or any prosecuting agency including the Court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime." 9. Under such circumstances, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively on the ground of his period of incarceration. Accordingly, the following:- - 6 - NC: 2025:KHC:16464 CRL.P No. 4091 of 2025 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.163/2022 registered by Hadadi Police Station, Davanagere for offences punishable under Sections 363, 366A, 376, 506 of IPC, Sections 4 and 6 of POCSO Act and Section 9 of PCMA, subject to the following conditions: 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 - 7 - NC: 2025:KHC:16464 CRL.P No. 4091 of 2025 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 50