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2025 DAILYLAW 87512 (KAR)

N G SANJEEVA v. STATE OF KARNATAKA

CRL.P/9755/2025 · 2025-08-01

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29905 CRL.P No. 9755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9755 OF 2025 BETWEEN: N G SANJEEVA S/O N G V ACHAR, AGED ABOUT 55 YEARS, R/AT NO.209, 11TH CROSS, M S NAGARA THIRUMANENAHALLI, BENGALURU 560064. …PETITIONER (BY SRI. SRIKANTH PATIL K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPTD. BY SAMPIGEHALLI POLICE STATION, BENGALURU NOW REPRESENTED BY ITS STATE P.P. HIGH COURT OF KARNATAKA, BENGALURU 560001. 2. SMT. SHILPA M M W/O AJAY M R AGED ABOUT 38 YEARS, R/AT NO.394, 8TH CROSS, M S NAGARA, THIRUMANAHALLI BENGALURU 5600640. …RESPONDENTS (BY SRI.K.NAGESWARAPPA HCGP FOR R1) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29905 CRL.P No. 9755 of 2025 THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.869/2025 (CRIME NO.75/2025) REGISTERED BY THE RESPONDENT - SAMPIGEHALLI POLICE, BENGALURU U/S 7, 8, 12 OF POCSO AND 351(2) OF BNS, PENDING ON THE FILE OF THE FTSC-I, ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU. 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 for the State and perused the material on record. 2. Respondent No.2 is served, but unrepresented. 3. Petitioner is arraigned as accused in Crime No.75/2025 of Sampigehalli Police Station, Bengaluru City, registered for offences Punishable under Section 7, 8 and 12 of the POCSO Act, 2012 and Section 351(2) of the BNS, - 3 - HC-KAR NC: 2025:KHC:29905 CRL.P No. 9755 of 2025 2023. The investigation is completed and charge sheet is filed. 4. Complaint is lodged by victim’s mother on 25.02.2025 at about 08:45 p.m., based on which, the aforementioned crime was registered against the accused. It is alleged that when the complainant’s son aged about 12 years was playing with his friends in their layout at 11th Cross, M. S. Nagar, the petitioner dragged him inside the house, forcibly removed his pant and touched his private part and threatened him not to inform the matter to any one and gave him Rs.50/- to keep quiet. 5. As per charge sheet allegations, on 25.02.2025, at about 05:30-06:10 p.m., when complainant’s son aged about 12 years and his friends were playing, accused called them to ask as to why they took the wooden pieces which were lying near the house and being afraid, the friends of the victim ran away, but the petitioner herein by inducing the victim boy, took him to the first floor of his house and locked him and threatened him as to why he - 4 - HC-KAR NC: 2025:KHC:29905 CRL.P No. 9755 of 2025 has committed theft of wooden pieces and then removed his pant and touched his private part. 6. Learned counsel for petitioner has contended that the petitioner is innocent and he has been falsely implicated in the case only to harass him. He submits that the complaint is lodged after an inordinate delay by deliberating about the incident. He submitted that the petitioner is ready and willing to abide by any conditions. 7. Learned High Court Government Pleader contended that if the petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Therefore, sought to dismiss the petition. 8. Petitioner claims to be innocent. It is the contention of the learned counsel that he was falsely implicated in the case as he had threatened the complainant's son for having taken away the wooden pieces which were lying in-front of his house. - 5 - HC-KAR NC: 2025:KHC:29905 CRL.P No. 9755 of 2025 9. The allegations have to be established in due course. Investigation is completed and charge sheet is filed. Petitioner is in judicial custody since, 25.02.2025. Hence, by imposing necessary conditions, petitioner may be admitted to bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.75/2025 of Sampigehalli Police Station, Bengaluru City, pending in FTSC-I, Additional City Civil and Sessions Judge Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform - 6 - HC-KAR NC: 2025:KHC:29905 CRL.P No. 9755 of 2025 the Court, if there is change in the address. 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 any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 29