Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4117 OF 2025 BETWEEN: PREM KUMAR @ PREM @ PUTTU @ PREM S/O KARIBASAPPA AGED ABOUT 32 YEARS R/AT THYAGADAKATTE VILLAGE HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217. …PETITIONER (BY SRI SANDESH T.B, ADV.) AND:
1. STATE OF KARNATAKA
BY CHANNAGIRI POLICE STATION DAVANAGERE DISTRICT REPRESENTED BY ITS STATE Digitally PUBLIC PROSECUTOR signed by HIGH COURT BUILDING NANDINI M S BENGALURU - 560 001. Location: HIGH COURT OF 2. XXX KARNATAKA …RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R-1; V/O DTD:15.04.2025 NOTICE TO R-2 IS H/S) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.C.NO.14/2025 (CRIME NO.463/2024) C.C.NO.09/2025 REGISTERED BY THE CHANNAGIRI POLICE STATION, DAVANAGERE DISTRICT, FOR THE OFFENCE P/US/ 64,87 OF BNS ACT 2023 AND U/S.6,17 OF POCSO ACT 2012 PENDING ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE FTSC I AT DAVANAGERE BY ALLOWING THIS PETITION. -2-
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in Special Case No.14/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Davanagere, arising out of Crime No.463/2024 registered by
Channagiri Police Station, Davanagere, for the offences punishable under Sections 64 and 87 of BNS, 2023 and Sections 6 and 17 of the POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.195/2024 was registered by Bhadravathi
Rural Police Station, Shivamogga, for the aforesaid offences against the petitioner herein and another based on the first information dated 03.10.2024 received from the victim girl aged about 17 years. During the course of investigation, petitioner herein was arrested on 09.12.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. -3- Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Special Case No.14/2025 was rejected on 18.02.2025. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that
investigation of the case is completed and charge sheet is already filed. Custody of the petitioner is no more required. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has seriously opposed the
prayer made in the petition and submits that material on record clearly makes out a case for the alleged offences against petitioner. In the event, petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition.
6. FIR in the present case was initially registered by
Bhadravathi Rural Police Station, Shivamogga in Crime No.195/2024 for the aforesaid offences against the petitioner and another based on the first information dated 03.10.2024 -4-
received from the victim girl aged about 17 years. Subsequently, for want of jurisdiction, FIR was transferred to Channagiri Police Station, Davanagere, and was registered in Crime No.463/2024. In the said case, petitioner was arrested on 09.12.2024 and subsequently, remanded to judicial custody. After investigation was completed, charge sheet has been filed against two persons. Accused No.2 is the maternal aunt of the victim girl. Charge sheet material would go to show that accused No.1 had an illicit relation with accused No.2, who had deserted her husband. Victim girl subsequently came to the house of accused No.2 for the purpose of pursuing her education. Petitioner, who got acquainted to the victim girl, in the house of accused No.2 tried to get close to her.
7. On 23.09.2024, on the instructions of the petitioner,
accused No.2 took the victim girl with her to a temple and on their way, petitioner allegedly picked up accused No.2 and the victim girl in his car bearing registration No.KA01MG5939. When the car reached near the forest area, petitioner allegedly took the victim girl with him into a forest area and had forcible intercourse with her inside the forest. The victim girl who
-5- suffered severe bleeding from her private parties after she was sexually assaulted by the petitioner, was thereafter taken to Hospital and the medical reports of the victim girl speak about the alleged sexual assault made on her by the petitioner.
8. Victim girl has made serious allegations against the
petitioner in her statement that was recorded subsequently by the jurisdictional Magistrate under Section 183 of BNSS, 2023. Therefore, at this stage, there is sufficient material to connect the petitioner to the alleged crime and the material on record would also prima facie go to show that the victim girl was a
minor as on the alleged date of incident. Considering the facts
and circumstances of the case, the apprehension of petitioner tampering with the material charge sheet witnesses also cannot be ruled out. Under the circumstances, I am of the opinion that it is not a fit case to enlarge the petitioner on regular bail at this stage. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN