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2026 DAILYLAW 29269 (KAR)

SRI. SANTHU @ SANTOSH @ HUCCHA NAAYI v. STATE OF KARNATAKA

CRL.P/7154/2026 · 2026-07-16

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010338972026 NC: 2026:KHC:36411 CRL.P No. 7154 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7154 OF 2026 BETWEEN: SRI. SANTHU @ SANTOSH @ HUCCHA NAAYI S/O NARAYANACHAR AGED ABOUT 31 YEARS, R/AT NO.06, NEAR MANJUSHREE HOTEL, BEHIND ANNAPURNESHWARI TEMPLE, MEENAJ NAGAR, KUMARASWAMY LAYOUT, BENGALURU - 560 078. …PETITIONER (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASHANKARI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, CITY CIVIL COURT COMPLEX, BENGALURU - 560 001. 2. VICTIM MINOR AT THE TIME OF OFFENCE, PRESENTLY MAJOR IN AGE, D/O PRABHAKAR, R/AT NO.22, 5TH CROSS, KADIRENAHALLI, NEW COLONY, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010338972026 NC: 2026:KHC:36411 CRL.P No. 7154 of 2026 BANASHANKARI 2ND STAGE, BENGALURU CITY - 560 070. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED ON REGULAR BAIL IN CRL.MISC.NO.2491/2026 (IN SPL.C.NO.225/2026) ON THE FILE OF THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE, FTSC-I, FOR THE ALLEGED OFFENCES P/U/S 341, 354, 354A, 506B, OF IPC, SEC 8 OF POCSO ACT 2012 REGISTERED BY THE BANSAHANKARI POLICE IN CR.NO.269/2015. 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 Special Case No.225/2026 pending before the Court of Additional City Civil and Sessions Judge, FTSC-I, Bengaluru, arising out of Crime No.269/2015 registered by Banashankari Police Station, Bengaluru City for the offences punishable under Section 341, 354, 354 (A), 506 (B) of IPC and Section 8 of POCSO Act, 2012, is - 3 - HC-KAR CNR: KAHC010338972026 NC: 2026:KHC:36411 CRL.P No. 7154 of 2026 before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case, this Court had granted regular bail to the petitioner in criminal petition No.3069/2016 vide order dated 21.07.2016. Since the petitioner had not appeared before the trial Court, his bail bonds were cancelled and his presence was secured on 16.02.2026 and on the same day he was remanded to judicial custody. Petitioner is ready and willing to abide by the conditions that may be imposed on him. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the bail application submits that the petitioner has remained absent before the trial Court for a considerable period of time. Therefore, stringent conditions may be imposed on him, failing which, he may flee away from justice. - 4 - HC-KAR CNR: KAHC010338972026 NC: 2026:KHC:36411 CRL.P No. 7154 of 2026 5. The charge sheet has been filed against the petitioner herein for the offences punishable under Section 341, 354, 354 (A), 506 (B) of IPC and Section 8 of POCSO 2012. This Court in criminal petition No.3069/2016 has granted regular bail to the petitioner vide order dated 21.07.2016. After the case was committed to the jurisdictional Sessions Court in Spl.Case.No.540/2015, petitioner executed bail bonds on 28.07.2016 and thereafter, he was released from custody. During the course of trial in Spl.Case.No.540/2015, some of the witnesses are already examined. CW2, who is the victim in the present case, was partially examined-in-chief and thereafter, she did not appear before the trial Court. Therefore, proclamation orders have been issued against CW2. Since the petitioner had not appeared before the trial Court in Spl.Case.No.540/2015, coercive steps were taken against him and pursuant to the orders of this Court, the trial Court had transferred Spl.Case.No.540/2015 to the Long Pending Register on - 5 - HC-KAR CNR: KAHC010338972026 NC: 2026:KHC:36411 CRL.P No. 7154 of 2026 19.06.2025. Petitioner was subsequently arrested on 16.02.2026 and was produced before the trial Court. The case was thereafter reopened and is now numbered as Spl.C.No.225/2026. 6. On the merits of the case, the petitioner was earlier granted bail in the present case and only for the reason that he had not appeared before the trial Court, his presence was secured and he is now remanded to judicial custody. Order sheet of the trial Court would go to show that for considerable period of time, the witnesses were not produced before the Court. Petitioner has now undertaken to co-operate before the trial Court for speedy disposal of the case and also to abide by the conditions that may be imposed on him. According the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.225/2026 pending before the Court of Additional City - 6 - HC-KAR CNR: KAHC010338972026 NC: 2026:KHC:36411 CRL.P No. 7154 of 2026 Civil and Sessions Judge, Bengaluru, FTSC-I, arising out of Crime No.269/2015 registered by Banashankari Police Station, Bengaluru City for the offences punishable under Section 341, 354, 354 (A), 506 (B) of IPC and Section 8 of POCSO 2012, subject to the following conditions: 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) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) Petitioner shall appear before the Station House Officer (S.H.O) of - 7 - HC-KAR CNR: KAHC010338972026 NC: 2026:KHC:36411 CRL.P No. 7154 of 2026 Banashankari Police Station on every 4th Sunday of the month between 10.30 a.m. and 01.30 p.m. and mark his attendance for a period of one year from the date of his release. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 69