- 1 - HC-KAR NC: 2025:KHC:26440 CRL.P No. 8215 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8215 OF 2025 BETWEEN: 1. SRINIVAS @ K.G.F.SEENA AGED ABOUT 41 YEARS, S/O NARAYANA, R/AT HONGANURU VILLAGE, CHAMARAJNAGAR TALUK AND DISTRICT-571342. …PETITIONER (BY SRI. MALLAIAH M R.,ADVOCATE) AND: 1. STATE BY EAST PS CHAMARAJNAGAR, CHAMARAJANAGAR, SH-81, CHAMARAJANAGAR BR HILLS ROAD, CHAMARAJANAGAR, KARNATAKA - 571342 REP BY SPP, HIGH COURT OF KARNATAKA BENGALURU - 560001 2. BASAVARAJU AGED ABOUT 65 YEARS S/O GURUBASAVAIAH RESIDING AT HONGANURU VILLAGE, CHAMARAJNAGAR, TALUK AND DISTRICT KARNATAKA - 571342 …RESPONDENTS (BY SMT.RASHMI PATEL,HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26440 CRL.P No. 8215 of 2025 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.135/2024 (CC NO.1270/2024) OF CHAMARAJNAGAR P.S FILED U/S 115(2), 74, 77, 78 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.135/2024 registered by Chamarajanagar East Police Station for the offence punishable under Sections 115(2), 74, 77 and 78 of the BNS, 2023 is before this Court in this bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.135/2024 was registered by Chamarajanagar East Police Station, Chamarajanagar for the aforesaid offences against the petitioner herein, based on the first information dated 08.08.2024 received from Basavaaju, who is the father of CW.2, the alleged victim in the present case. - 3 - HC-KAR NC: 2025:KHC:26440 CRL.P No. 8215 of 2025 4. During the course of investigation of the case, petitioner herein was arrested on 08.08.2024 and subsequently remanded him to judicial custody. The bail application filed before the jurisdictional Sessions Court was rejected on 13.02.2025. Therefore, he is before this Court. 5. On the allegation the petitioner for pestering the daughter of the first informant to love him and also for following her and making obscene gestures, ealirer a criminal case was registered against the petitioner and he was arrested in the said case and, subsequently released on bail. On 08.08.2024, when the daughter of the first informant was taking bath, the petitioner allegedly tried to peep into the window of the bathroom and at that time, the first informant (CW.1) had caught hold of the petitioner and the petitioner pushed CW.1 and ran away. Thereafter, CW.3 tried to catch hold of the petitioner, who allegedly pushed CW.3 and managed to escape. It is under these circumstances FIR was registered in the present - 4 - HC-KAR NC: 2025:KHC:26440 CRL.P No. 8215 of 2025 case against the petitioner. After completion of investigation, chargesheet has been filed for the aforesaid alleged offences and the maximum punishment for the alleged offences is imprisonment for a period of three years. The petitioner is in custody since 08.08.2024. It is trite that a person cannot be kept in custody as a punitive measure. Under the circumstances, 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 Crime No.135/2024 of Chamarajanagar East Police Station registered for the offences punishable under Sections 115(2), 126(2), 74, 77, 78 of IPC, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:26440 CRL.P No. 8215 of 2025 a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; 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 GSR List No.: 1 Sl No.: 48