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2025 DAILYLAW 74445 (KAR)

SRI AKSHAYA P M v. STATE OF KARNATAKA

CRL.P/10568/2025 · 2025-08-06

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30594 CRL.P No. 10568 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10568 OF 2025 BETWEEN: SRI. AKSHAYA P.M. S/O MANJUNATH, AGED ABOUT 23 YEARS, R/A: PAIYURU VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT-562 110. …PETITIONER (BY SRI. N. DEVENDRA, ADVOCATE) AND: STATE OF KARNATAKA BY PERESANDRA POLICE STATION, CHIKKABALLAPUR. REPRESENTED BY: STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.00115/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 75(1), 78(1) AND 352 OF BNS, 2023 REGISTERED BY PERESANDRA POLICE STATION, CHIKKABALLAPURA DISTRICT (1ST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30594 CRL.P No. 10568 of 2025 PETITIONER IN COURT OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUR IN CRL.MISC.376/2025 UNDER SECTION 483 OF BNSS, 2023 SEEKING GRANT OF BAIL WHICH CAME TO BE DISMISSED ON 07.07.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader and perused the material on record. 2. Petitioner-accused is seeking to enlarge him on bail in Cr.No.115/2025 of Peresandra Police Station, Chikkaballapur, registered for offences punishable under Section 75(1), 78(1) and 352 of BNS, 2023. 3. The victim, in her complaint has stated that she is studying in K.V.Pharmacy College in Chikkaballapur and she would travel by bus regularly. It is alleged, the petitioner herein was intentionally travelling in the said bus and touching her inappropriately. On 21.6.2025, at - 3 - HC-KAR NC: 2025:KHC:30594 CRL.P No. 10568 of 2025 about 3.00 pm, while she was proceeding to her village, petitioner herein touched her private part and therefore, being scared, she went and informed the matter to her parents. When her aunt enquired with the petitioner, he abused her in filthy language etc. 4. Petitioner’s counsel submits that the petitioner is working as a Technical Assistant in KSRTC garage. He is innocent of the offence alleged and a false case has been registered against him. He further submits that the petitioner is in judicial custody from 22.6.2025. Investigation is completed and charge sheet is filed. He is ready and willing to offer sufficient surety for his release on bail. Accordingly, sought to allow the petition. 5. Learned High Court Government Pleader contended that if the petitioner is released on bail, he may tamper with the prosecution witnesses and threaten the victim and therefore, sought to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:30594 CRL.P No. 10568 of 2025 6. It is alleged by the victim that whenever, she was travelling in the bus to go to her college, petitioner was travelling in the same bus and touch her inappropriately etc. Insofar as earlier incidents, no complaint is lodged. It is alleged on 21.6.2025 at about 3.00 p.m., when the victim was proceeding to her village in the bus, petitioner touched her private part, hence, she informed the matter to her parents and when her aunt questioned the petitioner, he abused her etc. 7. Charge sheet is filed, wherein it is alleged that, on 21.6.2025, after getting down from the bus at Mandikalli village bus-stop, when the victim was proceeding by walk, petitioner touched her waist and therefore, being scared she went and informed CW2-Ramya, when she questioned the petitioner, he abused her etc. 8. The allegations have to be established during trial. Petitioner has been arrested and interrogated. He is in judicial custody form 22.6.2025. He is not required for - 5 - HC-KAR NC: 2025:KHC:30594 CRL.P No. 10568 of 2025 further interrogation. Statement of the victim is already recorded under Section 183 of BNSS. Charge sheet is filed. Considering the facts and circumstances and the punishment prescribed for the offences charge sheeted, relief sought can be granted, by imposing conditions. Hence the following: ORDER I. Petition is allowed. II. Petitioner-accused in Cr.No.115/2025 of Peresandra Police Station, Chikkaballapur, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 6 - HC-KAR NC: 2025:KHC:30594 CRL.P No. 10568 of 2025 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. I.A.No.1/2025 filed for interim bail is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 41