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2025 DAILYLAW 72363 (KAR)

RANJITH KUMAR N v. STATE OF KARNATAKA

CRL.P/6508/2025 · 2025-07-18

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6508 OF 2025 BETWEEN: RANJITH KUMAR N, S/O NARASIMHAPPA, AGED ABOUT 24 YEARS, R/AT KUNDANA VILLAGE AND HOBLI, DEVANAHALLI TALUK, BENGALURU DISTRICT - 562 110. …PETITIONER (BY SRI. MURALI R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY VISHWANATHAPURA P.S., REP BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX XXX …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R-1; SRI.NAGENDRA.A., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE REGULAR BAIL TO THE ABOVE NAMED PETITIONER (ACCUSED) IN CR.NO.101/2024 (SPL.C.C.NO.665/2024) RESPONDENT VISHWANATHPURA POLICE (CRL.MISC.NO.345/2025) WHICH IS PENDING ON THE FILE OF HONBLE ADDL.DIST. AND SESSIONS JUDGE FTSC-III BENGALURU RURAL AT BENGALURU FOR THE OFFENCE P/U/S Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 of 2025 366(a), 344, 376(3) OF IPC AND SEC.4(2), 5(L) AND 6 OF POCSO ACT. 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.C.No.665/2024 pending before the Court of Additional District and Sessions Judge, FTSC-III, Bengaluru Rural District, Bengaluru, arising out of Crime No.101/2024 registered by Vishwanathapura Police Station, Bengaluru Rural District, for offences punishable under Sections 366-A, 344, 376(3) of IPC and Sections 4(2), 5(L) and 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.101/2024 was registered by Vishwanathapura Police Station, Bengaluru District, initially for offence punishable under Section 363 of IPC - 3 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 of 2025 against the petitioner herein, based on the first information dated 21.05.2024 received from respondent No.2, who is the father of the victim girl. 4. During the course of investigation of the case, petitioner herein was arrested on 01.07.2024 and he was granted interim bail by the Jurisdictional Sessions Court in Crl.Misc.No.345/2025. Subsequently, the interim bail granted to the petitioner was not continued and on 21.03.2025, he was remanded to judicial custody. Subsequently on 26.03.2025 Crl.Misc.No.345/2025 was rejected. It is under these circumstances, petitioner is before this Court. 5. Learned Counsel for the petitioner submits that all the material charge sheet witnesses including the victim girl have been examined before the trial Court. Victim girl has not supported the case of the prosecution. Petitioner aged about 24 years has no other criminal case - 4 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 of 2025 registered against him. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP and learned Counsel appearing for respondent No.2 have opposed the petition. They submit that victim is a minor and therefore the alleged offences get attracted against him. Material on record would go to show that petitioner is a rowdy sheeter. Accordingly, they pray to dismiss this petition. 7. First information in the present case was submitted by the father of the victim girl after she was found missing from their house on 20.05.2024. During the course of investigation of the case, petitioner and the victim girl were traced. Petitioner who was arrested in the present case on 01.07.2024, was subsequently remanded to judicial custody and the learned Sessions Judge in Crl.Misc.No.345/2025 had granted interim bail to the petitioner on medical grounds. Subsequently, the interim bail was cancelled and the petitioner was remanded to - 5 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 of 2025 judicial custody on 21.03.2025. Thereafter his bail application in Crl.Misc.No.345/2025 was rejected. 8. Before the trial Court, the victim girl has been examined as PW.1 and out of the 29 charge sheet witnesses cited in the present case and as on this date 14 charge sheet witnesses have been examined as PWs.1 to 14. Victim girl and her parents have been examined as PWs.1 to 3. Since the material charge sheet witnesses are already examined, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. 9. According to the learned Counsel for the petitioner, the victim girl has not supported the case of the prosecution. This Court at this stage cannot appreciate the depositions of the witnesses and hold a mini trial. However, fact remains that all the material charge sheet witnesses are already examined. Though, it is submitted by the learned HCGP and learned Counsel appearing for - 6 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 of 2025 respondent Nos.1 and 2 that the petitioner is a rowdy sheeter, no material has been produced in support of such contentions raised by them. 10. Learned Counsel for the petitioner has submitted that except the present case, no other criminal case is registered against him. Petitioner aged about 24 years is in custody from 01.07.2024. He was earlier granted interim bail on medical grounds. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.665/2024 pending before the Court of Additional District and Sessions Judge, FTSC-III, - 7 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 of 2025 Bengaluru Rural District, Bengaluru, arising out of Crime No.101/2024 registered by Vishwanathapura Police Station, Bengaluru Rural District, for offences punishable under Sections 366-A, 344, 376(3) of IPC and Sections 4(2), 5(L) and 6 of the POCSO Act, subject to the following conditions: a) The 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; - 8 - HC-KAR NC: 2025:KHC:26929 CRL.P No. 6508 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 KVR List No.: 1 Sl No.: 41