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2025 DAILYLAW 27163 (KAR)

VASANTH M @ MUTTANNA VASANTH v. STATE OF KARNATAKA

CRL.P/7419/2025 · 2025-06-19

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21191 CRL.P No. 7419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7419 OF 2025 BETWEEN: VASANTH M @ MUTTANNA VASANTH S/O MUTTANNA VEMANNA, AGED ABOUT 18 YEARS, RESIDING AT MALIGIVARI PALLI, PEDDAPALEM PANCHAYATH, MULAKALACHERUVU MANDAL, CHITTOR, ANDRA PRADESH - 517 390, PRESENTLY RESIDING ADDRESS RESIDING AT 7TH CROSS, GHANDIPURA, WHITEFIELD, BENGALURU - 560 066. …PETITIONER (BY SRI. PRAVEEN KUMAR H.K, ADVOCATE) AND: 1. STATE OF KARNATAKA, WHITEFIELD POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, BENGALURU RURAL. 2. XXX XXX, …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21191 CRL.P No. 7419 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.252/2025 REGISTERED BY THE RESPONDENT - WHITEFIELD POLICE STATION, BANGALORE, FOR OFFENCE P/U/S. 78, 115(2), 352 OF BNS 2023N AND SEC. 11 AND 12 OF POCSO ACT 2012, AGAINST THE PETITIONER, FILE PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BENGALURU RURAL DISTRICT, BENGALURU. 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.252/2025 registered by Whitefield Police Station, Bangalore for offences punishable under Sections 11 and 12 of the POCSO Act, 2012 and Sections 115 (2), 352 and 78 of the Bharatiya Nyaya Sanhita (BNS), 2023 pending before the Court of the Additional District and Sessions Judge, FTSC-I, Bengaluru is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:21191 CRL.P No. 7419 of 2025 3. FIR in Crime No.252/2025 was registered by Whitefield police station, Bangalore, for the aforesaid offences against the petitioner based on the first information received on 28.04.2025 from the complainant/respondent No.2 who is the victim in the present case. During the course of investigation, the petitioner has been arrested on 28.04.2025 and remanded to judicial custody. The bail application filed by the petitioner herein before the jurisdictional Sessions Court in Crl. Misc. No.875/2025 was rejected on 20.05.2025. Therefore, he is before this Court. 4. In the first information submitted by the victim girl who was studying in II PUC, she has stated that the petitioner was following her while she was attending the college and was threatening her to love him. He also used to call her. On 28.04.2025 at about 8.00 a.m., the petitioner visited the house of the complainant and started abusing her by using filthy language and also tried to beat her and also threw stones towards her house. It is further alleged that the petitioner sexually assaulted her by touching her inappropriately. It is in - 4 - HC-KAR NC: 2025:KHC:21191 CRL.P No. 7419 of 2025 this background FIR was registered against the petitioner for the aforesaid offences. 5. Learned counsel for the petitioner submits that petitioner aged about 18 years has no criminal antecedents. He is in judicial custody since 29.04.2025. Continued detention of the petitioner in custody would impact his future prospects. Therefore, he prays to allow the petition. 6. Per contra, the learned Additional SPP opposes the bail petition and prays to dismiss the same. 7. The material on record shows that the petitioner is aged 18 years. He has no criminal antecedents. He is in judicial custody since 29.04.2025. Continued detention of the petitioner in custody would impact his future prospects. The offences alleged against the petitioner are neither punishable with death nor with imprisonment for life. - 5 - HC-KAR NC: 2025:KHC:21191 CRL.P No. 7419 of 2025 8. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following : ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.252/2025 registered by Whitefield Police Station, Bangalore for offences punishable under Sections 11 and 12 of the POCSO Act, 2012 and Sections 115 (2), 352 and 78 of the Bharatiya Nyaya Sanhita (BNS), 2023 pending before the Court of the Additional District and Sessions Judge, FTSC-I, Bengaluru, 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; - 6 - HC-KAR NC: 2025:KHC:21191 CRL.P No. 7419 of 2025 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. Sd/- (S VISHWAJITH SHETTY) JUDGE snc List No.: 2 Sl No.: 1 CT: BHK