Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 57872 (KAR)

SRI. THIMMAIAH M @ THIMMA v. THE STATE OF KARNATAKA

CRL.P/9190/2025 · 2025-07-22

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:27736 CRL.P No. 9190 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9190 OF 2025 BETWEEN: SRI. THIMMAIAH M. @ THIMMA S/O. MUNIYAPPA, AGED ABOUT 18 YEARS, R/AT ERULIGARA COLONY, KOOTAGAL HOBLI, RAMANAGARA - 562 159. …PETITIONER (BY SRI. BHARATHGOWDA B. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH RAMANAGARA WOMEN PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1; SRI. RITHIK Y.M., ADVOCATE FOR SRI. DHANUSH REDDY T.V., ADVOCATE. FOR R2) THIS CRL.P IS FILED U/S.439 OF CODE OF CRIMINAL PROCEDURE, 1973 (FILED U/S.483 BNSS), PRAYING TO ALLOW Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27736 CRL.P No. 9190 of 2025 THIS CRIMINAL PETITION AND DIRECT THE RESPONDENT RAMANAGARA WOMEN POLICE TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CR.NO.165/2024 ON THE FILE OF THE LEARNED I ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE AT RAMANAGARA REGISTERED BY RAMANAGARA WOMEN POLICE FOR THE ALLEGED OFFENCE P/U/S 65(2) OF BNS 2023 AND U/S.4 AND 6 OF POCSO ACT AND ETC. 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 Spl.C.No.14/2025 pending before the Court of I Additional District and Sessions and Special Judge, Ramanagara arising out of Cr.No.165/2024 registered by Ramanagara Women Police Station, Bengaluru for the offences punishable under Sections 65(2) of BNS, 2023 and Sections 4 and 6 of POCSO Act, is before this Court in this bail application filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:27736 CRL.P No. 9190 of 2025 3. First Information Report in Cr.No.165/2024 was registered by the Ramanagara Women Police for the aforesaid offences against the petitioner based on the first information dated 17.12.2024 received from the respondent No.2 who is the father of the victim girl, aged about 11 years. During the course of investigation, the petitioner was arrested on 23.12.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl. Misc.No.287/2025 was rejected on 17.04.2025. Therefore, he is before this Court. 4. The learned counsel for the petitioner having reiterated the grounds urged in the petition, prayed to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent No.1 opposes the bail application and prays to reject the same. Learned counsel for respondent No.2 submits that he has no objection to allow the petition. - 4 - HC-KAR NC: 2025:KHC:27736 CRL.P No. 9190 of 2025 6. First informant who is the father of the victim girl has stated that he was informed by his son CW.6 aged about 10 years that the petitioner had committed sexual assault on the victim girl and after seeing CW.6, he allegedly ran away. It is in this background, first information report was registered against the petitioner and he was arrested on 23.12.2024. During the course of investigation, victim girl has undergone medical examination and the medical examination report would go to show that there were no signs suggestive of recent sexual assault on the victim girl. 7. The petitioner is aged about 18 years and he is in custody for the last nearly 08 months. Investigation of the case is completed and charge sheet has been filed. The allegations made against the petitioner in the charge sheet are required to be proved in a full fledged trial. Continued detention of the petitioner who is aged about 18 years in custody along with other hardcore criminals may have adverse impact on his future prospects and career. Therefore, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 5 - HC-KAR NC: 2025:KHC:27736 CRL.P No. 9190 of 2025 8. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.14/2025 pending before the I Additional District and Sessions and Special Judge, Bengaluru, arising out of Crime No.165/2024 registered by Ramanagara Women police station, Bengaluru, for the offences punishable under Sections 65(2) of BNS, 2023 and Sections 4 and 6 of POCSO Act,, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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; - 6 - HC-KAR NC: 2025:KHC:27736 CRL.P No. 9190 of 2025 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 HJ List No.: 1 Sl No.: 61