Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 29756 (KAR)

ANNAIAH v. STATE BY RURAL POLICE

CRL.P/8643/2025 · 2025-07-08

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24819 CRL.P No. 8643 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8643 OF 2025 BETWEEN: ANNAIAH S/O GOWRAMEEN AGED ABOUT 39 YEARS RESIDING AT HAKKI PIKKI COLONY, ARASAPURA POST HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT PIN CODE NO - 577 001. …PETITIONER (BY SRI RAJU C.N, ADV.) AND: 1. STATE BY RURAL POLICE GOWRIBIDANUR, CHIKKABALLAPURA REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE PIN CODE NO - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 HELD SUFFICIENT) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.256/2024 OF GOWRIBIDANUR RURAL P.S. CHIKKABALLAPRUA DISTRICT ON THE FILE OF FTSC-1 (POCSO) HONBLE ADDL.SESSIONS JUDGE AT CHIKKABALLAPURA FOR THE OFFENCE P/U/S 329(4) OF BNS AND SEC.8 AND 12 OF POCSO ACT BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24819 CRL.P No. 8643 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 1. Accused in Spl.SC.No.164/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.256/2024 registered by Gowribidanur Rural Police Station, Chickballapura, for the offences punishable under Section 329(4) of BNS, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in the present case was registered against petitioner herein by Gowribidanur Rural Police Station, Chickballapura, initially for the offences punishable under Sections 8 and 12 of the POCSO Act, 2012, based on the first information dated - 3 - HC-KAR NC: 2025:KHC:24819 CRL.P No. 8643 of 2025 12.09.2024 received from the victim girl, who is the daughter of respondent No.2 herein. During the course of investigation, petitioner was initially arrested on 05.10.2024 and subsequently released on police bail. After completing investigation, charge sheet has been filed against the petitioner and case against him is now pending before the Trial Court in Spl.SC.No.164/2024. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.107/2025 before the Trial Court which was rejected on 27.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner was released on police bail in the present case. Since charge sheet has been filed for non-bailable offences, the petitioner apprehends arrest. Petitioner is ready and willing to appear before the Trial Court and file necessary application seeking regular bail. Considering the facts and circumstances of the case, the Trial Court may be directed to consider the said application on merits and dispose of the application on the same day. - 4 - HC-KAR NC: 2025:KHC:24819 CRL.P No. 8643 of 2025 5. Learned HCGP fairly does not oppose the said prayer made by learned counsel for the petitioner. 6. The submissions made on both sides is placed on record. 7. Petition is disposed of with liberty to the petitioner to appear before the Trial Court and file necessary application seeking regular bail. In the event, petitioner appears before the Trial Court and files necessary application seeking regular bail, the Trial Court shall consider and dispose of the same on merits on the same day. Sd/- (S VISHWAJITH SHETTY) JUDGE DN