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2025 DAILYLAW 68679 (KAR)

K BHARATHI KANNAN v. THE STATE BY

CRL.P/8861/2025 · 2025-07-23

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28165 CRL.P No. 8861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8861 OF 2025 BETWEEN: K. BHARATHI KANNAN S/O KUMAR RAJ AGED ABOUT 36 YEARS PRESENTLY RESIDIG AT NO.2 DEVARAJ BUILDING, CHINNANDA HALLI VILLAGE, TOORANAHALLI ROAD CHIKKANAHALLI GATE HOSAKOTE TALUK - 562 114, BENGALURU RURAL DISTRICT, PERMANENT ADDRESS NO.30, M.C. NAGAR, NANDIYAM BAKAM, 3RD STREET, TIRUVALLUR TAMILNADU - 600 120. …PETITIONER (BY SRI VISHWANATH M.P, ADV.) AND: 1. THE STATE BY KAUGODI POLICE STATION BENGALURU - 560 067 REP BY ITS SPP HIGH COURT BUILDING BANGLORE - 01. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DTD 18.07.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL, CR.NO.237/2025, REGISTERED BY THE RESPONDENT KADUGODI POLICE STATION, FOR THE OFFENCES U/S 75(2) BNSS, 2023 AND U/S 8 AND 12 OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28165 CRL.P No. 8861 of 2025 THE POCSO ACT, PENDING ON THE FILE OF THE LRD. ADDL. DISTRICT AND SESSIONS JUDGE, (FTSC-1) BENGALURU RURAL DISTRICT, BENGALURU PENDING DISPOSAL OF THE ABOVE CASE. 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.237/2025 registered by Kadugodi Police Station, Bengaluru city for the offence punishable under Section 75(2) of BNS, 2023, Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.237/2025 was registered by Kadugodi Police Station, Bengaluru City against unknown - 3 - HC-KAR NC: 2025:KHC:28165 CRL.P No. 8861 of 2025 person for the aforesaid offences, on the basis of first information dated 25.05.2025 received from respondent No.2 herein who is the father of the victim girl, aged about 17 years. During the course of investigation, the petitioner was arrested on 27.05.2025 and subsequently remanded to judicial custody. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.1014/2025 was dismissed on 19.06.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner has no other criminal antecedents. The maximum punishment for the alleged offences is imprisonment for a period of five years. Accordingly, he prays to allow the petition. 7. Per contra, learned HCGP for respondent No.1 has opposed the bail petition. - 4 - HC-KAR NC: 2025:KHC:28165 CRL.P No. 8861 of 2025 8. In the first information submitted by the father of the victim girl, aged about 17 years he has stated that on 24.05.2025 when his minor daughter was returning home a stranger approached her representing to her that he is a dance coach running a dance academy and he asked her to sit inside his car. When the victim girl sat inside his car, he allegedly locked the door of the car and thereafter misbehaved with her and touched her inappropriately. 9. The petitioner is in custody from 27.05.2025 onwards. Major portion of the investigation is already completed. The maximum punishment for the alleged offences is imprisonment for a period of five years. It is not in dispute that the petitioner has no criminal antecedents. 10. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. - 5 - HC-KAR NC: 2025:KHC:28165 CRL.P No. 8861 of 2025 11. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.237/2025 registered by Kadugodi Police Station, Bengaluru city for the offence punishable under Section 75(2) of BNS, 2023, Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The petitioner shall execute a 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; - 6 - HC-KAR NC: 2025:KHC:28165 CRL.P No. 8861 of 2025 d) 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 NMS