Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 5254 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SAGAR.S S/O SHANTHARAM.B, AGED ABOUT 21 YEARS, R/AT. BEHIND GRAMA PANCHAYATH, CHTRINAGARA, BALLURU GRAMA, ATTIBELE POST, ANEKAL TALUK, BANGALORE RURAL DISTRICT. PIN-562107. (NOW ACCUSED IS IN.J.C) …PETITIONER (BY SRI. HARISH BABU.K.,ADVOCATE)
Digitally signed by AND: SREEDHARAN BANGALORE SUSHMA LAKSHMI 1. STATE OF KARNATAKA Location: High Court of BY WOMEN POLICE STATION, TUMAKURU. Karnataka REPRESENTED, BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560001
2. VICTIM
REPTD.BY HER MOTHER, SMT.T.C. MAMATHA, W/O. MANJUNATHA .R, -2- AGED ABOUT 39 YEARS, R/O. 6TH CROSS, EDGA MOHALLA, TUMAKURU-572101. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R1; FOR R2 SERVICE
HELD SUFFICIENT V.C.O. DT.28.04.2025.,)
THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN SPL.C.NO.245/2024, ARISING IN CRIME NO.24/2024, OF WOMEN POLICE STATION, TUMAKURU, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 363, 376, 506 OF IPC AND SEC. 6 OF THE POCSO ACT, 2012, WHICH IS PENDING ON THE FILE OF ADDL. DIST. AND SESSIONS JUDGE AT TUMAKURU (FTSC-I). THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S RACHAIAH
ORAL ORDER
This petition is filed by the accused seeking for regular bail in Crime No.24/2024, registered by the Tumakuru Police Station, for the offences punishable under Sections 363, 376, 506 of IPC and Sec. 6 of the POCSO ACT, 2012.
2. The case of the prosecution is that the complainant, being a mother of the victim, had lodged a -3-
complaint stating that her daughter had been subjected to sexual assault by the petitioner. Based on the complaint, the case has been registered by the respondent police. The respondent police, after registering the case conducted the investigation and submitted the charge sheet.
3. Heard Sri.Harish Babu.K., learned counsel for the petitioner, and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent-State.
4. It is the submission of the learned counsel for
the petitioner that the petitioner is innocent of the alleged offenses, mere statement of victim per se is not sufficient to hold that the petitioner had committed an offence, unless, it is corroborated by independent witnesses.
5. It is further submitted that as per the
averments of the complaint, the victim had accompanied the petitioner and had come to Bengaluru by bus. Thereafter, they went to the native of the petitioner. It is further submitted that though the incident had taken place -4- on 27.01.2024, a complaint came to be registered on 03.02.2024. There is an inordinate delay in lodging the complaint. Hence, it is appropriate to grant bail by imposing suitable conditions.
6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions, and she further submitted that the petitioner is the sole accused in the case. He acquainted with the victim
through Instagram. The petitioner induced the victim knowingly that she is a minor and she had been subjected to sexual assault. As she had been subjected to sexual assault, her mental status has been changed, and she is behaving as if she is mentally sick. She had cut her hair and was not properly taking food etc., Hence, the case has to be looked into very seriously and the bail petition has to be rejected. Making such submissions, learned HCGP prays to dismiss the petition.
7. Having heard the learned counsel for the respective parties and also perused the averments of the -5-
charge sheet, it appears from the records that, the victim, being a minor, had a Twitter account, through the said account, the petitioner got acquainted with her. At his request, she went along with him by believing his words. However, he stated have committed sexual assault on her. Thereafter she became sick, not only mentally, but also, physically.
8. Having noticed the said development, the
complainant, being a mother of the victim, had enquired her and received an information that her daughter had been subjected to sexual assault. Therefore, the victim has changed her behaviour by being mentally upset.
9. Be that as it may, the fact remains that, the
statement of the victim alone cannot be sufficient to hold that she had been subjected to sexual assault. On perusal of the record, it is appropriate to grant bail by imposing suitable conditions.
10. Hence, I proceed to pass the following: -6-
ORDER
i) The Criminal Petition is allowed.
ii) The petitioner is ordered to be enlarged on bail in Crime No.24/2024 of the respondent - Police, pending on the file of the Addl. District and Sessions Judge, Tumakuru (FTSC-I), on executing 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 Trial Court, subject to the following conditions:
a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. -7-
In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 30