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High Court of Karnataka · body

2025 DAILYLAW 73082 (KAR)

K. PRAVEEN v. STATE OF KARNATAKA BY

CRL.P/5103/2025 · 2025-07-25

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28536 CRL.P No. 5103 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5103 OF 2025 BETWEEN: K. PRAVEEN, S/O LATE KUMAR, AGED ABOUT 21 YEARS, RESIDING AT RAMASAGARA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 560 099. …PETITIONER (BY SRI. GAURAV SUBRAMANYA., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ATTIBELE POLICE, ATTIBELE. REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT.RASHMI PATEL., HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENALRGE THE PETITIONER ON BAIL IN CRIME NO.412/2024 OF ATTIBELE POLICE STATION, BENGALURU FOR THE OFFENCE P/US/ 137(2), 127(4) OF BNS ACT WITH SEC.8, 12 OF POCSO ACT 2012 WHICH IS PENDING Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28536 CRL.P No. 5103 of 2025 BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I BENGALURU RURAL DISTRICT AT 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 Spl.C.No.1/2025 pending before the Court Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.412/2024 registered Attibele Police Station, Bengaluru District, for offences punishable under Sections 137(2), 127(4) of BNS 2023 and Sections 8 and 12 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 petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR NC: 2025:KHC:28536 CRL.P No. 5103 of 2025 3. FIR in Crime No.412/2024 was registered by Attibele Police Station, Bengaluru District, initially for offence punishable under Section 137(2) of BNS, 2023 against unknown persons, based on the first information dated 10.10.2024 received from respondent No.2 who is the mother of the victim girl aged about 17 years. 4. During the course of investigation of the case, petitioner and the victim girl were traced together and subsequently, petitioner was arrested on 17.10.2024 and thereafter remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the trial Court in Spl.C.No.1/2025 was rejected on 04.03.2025. Therefore, petitioner is before this Court. 5. Perusal of the material on record would go to show that petitioner and the victim girl were in love. After the victim girl was found missing from their house on - 4 - HC-KAR NC: 2025:KHC:28536 CRL.P No. 5103 of 2025 05.10.2024, efforts made to trace her had failed and therefore, the first informant had approached the police and based on his first information, FIR was registered initially against unknown persons for offences punishable under Section 137(2) of BNS, 2023. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Maximum punishment for the alleged offences is imprisonment for a period of five years. 6. Petitioner aged about 21 years is in custody for the last more than nine months and he has no criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 5 - HC-KAR NC: 2025:KHC:28536 CRL.P No. 5103 of 2025 The petitioner is directed to be enlarged on bail in Spl.C.No.1/2025 pending before the Court Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.412/2024 registered Attibele Police Station, Bengaluru District, for offences punishable under Sections 137(2), 127(4) of BNS 2023 and Sections 8 and 12 of 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; - 6 - HC-KAR NC: 2025:KHC:28536 CRL.P No. 5103 of 2025 d) The petitioner shall not involve in similar offences in future; 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.: 30