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2025 DAILYLAW 23552 (KAR)

SRI. ANIL KUMAR ALIAS ANIL v. THE STATE OF KARNATAKA

CRL.P/5451/2025 · 2025-05-29

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:18439 CRL.P No. 5451 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 5451 OF 2025 BETWEEN: SRI. ANIL KUMAR ALIAS ANIL, S/O. VENKATESH, AGED ABOUT 25 YEARS, R/AT. VAGGARIKERE VILLAGE, JIDDIGERE POST, YADIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 134. …PETITIONER (BY SRI. DEEPAK M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGARA POLICE STATION, BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560 001. 2. VICTIM GIRL, D/O. NARASAIAH, AGED ABOUT 16 YEARS 7 MONTHS, R/AT NO.NILL Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18439 CRL.P No. 5451 of 2025 NEAR KAMALESH HOUSE, CHANDRASHEKAR LAYOUT, SRIGANDAKAVALU, BENGALURU-560 091. …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R1, R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND ORDER TO RELEASE OF THE PETITIONER ON BAIL IN SPL.C.NO.206/2025 ARISING OUT OF CR.NO.490/2024 REGISTERED BY THE ANNAPOORNESHWARI NAGARA POLICE STATION FOR OFFENCES ALLEGED TO BE P/U/S 109, 115(2), 118(1) AND 118(2) OF THE BNS, 2023 A/W SEC. 11(iv) AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES(POCSO) ACT, 2012, PENDING BEFORE THE FTSC-1, ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “Allow this petition and order to release of the petition on Bail in Special Case No. 206/2025 arising out of Crime No.490/2024 registered by the Annapoorneshwari Nagara Police Station for offences alleged to be punishable under Sections 109, 115(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 11(iv) and 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012, pending before the Hon’ble Fast Track Special Court-1, Additional City Civil and Sessions Judge, Bengaluru, in the ends of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:18439 CRL.P No. 5451 of 2025 2. The proceedings have been initiated against the petitioner in Special case No.206/2025 arising out of Crime No.490/2024 registered by Annapoorneshwari Nagara Police station, for the offences punishable under Sections 109, 115(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 11(iv) and 12 of the Protection of Children from Sexual Offences, Act 2012. 3. Notice was issued for the victim-respondent No.2. Despite service of notice, there has been no appearance on part of respondent. 4. A perusal of the complaint would indicate that the petitioner and respondent No.2, were living in a relationship for nearly a year, and it is only thereafter that the complaint came to be filed. In that view of the matter, I am of the considered opinion that the petitioner is not required for any custodial interrogation since most of the aspects have been already admitted by both the parties. 5. In that view of the matter, I pass the following: ORDER i. Criminal petition is allowed. ii. The petitioner shall be released on bail in connection with Special case No.206/2025 arising out of Crime No.490/2024 registered by Annapoorneshwari Nagara - 4 - HC-KAR NC: 2025:KHC:18439 CRL.P No. 5451 of 2025 Police station, for the offences punishable under Sections 109, 115(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 11(iv) and 12 of the Protection of Children from Sexual Offences, Act 2012, subject to the following conditions: i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with surety for the likesum to the satisfaction of the jurisdictional court. ii. The petitioner shall appear before the Committal Court on every date of hearing. iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings. iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner. v. The petitioner shall not leave the jurisdiction of the trial court without prior permission, till the case registered is disposed of. vi. The petitioner shall furnish a list of movable and immovable property held by him to the said Court. vii. The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID(if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial. Sd/- (SURAJ GOVINDARAJ) JUDGE BH, List No.: 3 Sl No.: 44