Sri Ashok Kumar vs State of Karnataka

Type Court Judgment Court Karnataka Decided Jun 30, 2025

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Citation: sooperkanoon.com/1713877
Court: Karnataka High Court
Judge: S Vishwajith Shetty
Decided On: Jun 30, 2025
Case Number: CRL.P/7083/2025

Parties & Advocates

Appellant / Petitioner

Sri Ashok Kumar

Respondent

State of Karnataka

Excerpt

.....punishment for -4- the chargesheeted offence is imprisonment for a period of three years. the allegations in the chargesheet against the petitioner are required to be proved in a full fledged trial. under the circumstances, i am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without reference to the merits and demerits of the case. accordingly, the following:-order(i) the petition is allowed.(ii) the petitioner is directed to be enlarged on bailin crime no.65/2025 registered by sadashivanagar police station, bengaluru, for offence punishable under section 12 of pocso act , subject to the following conditions: a) the petitioner shall execute personal bond for a sum of rs.1,00,000/- (rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional court; -5- 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 pks list no.: 1 sl no.: 68

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7083 OF 2025 BETWEEN: SRI ASHOK KUMAR S/O. RAMAKRISHNA AGED ABOUT 40 YEARS, R/AT NO.U-3, YELLAPPA GARDEN, 10TH CROSS, MALLESHWARAM BENGALURU - 560 003 PRESENTLY R/AT NO.15/8 13TH CROSS, SUDEENDRA NAGAR MALLESHWARAM, BENGALURU - 560 003 …PETITIONER (BY SRI BALARAJ V.R., ADVOCATE) AND:
1. STATE OF KARNATAKA Digitally
signed by          BY S.H.O. OF SADASHIVANAGAR
NANDINI M S        POLICE STATION, BENGALURU
Location:          REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF HIGH COURT BUILDINGS KARNATAKA BANGALORE - 560 001
2. XXXX …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1; R2 SERVED AND UNREPRESENTED)
THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT HIM REGULAR BAIL BY ALLOWING THIS PETITION AND DIRECTING THE LEARNED FTSC I ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU TO RELEASE HIM -2- FROM JUDICIAL CUSTODY IN CRIME NO.65/2025 FOR THE OFFENCE P/US/ 12 OF POCSO ACT 2012 REGISTERED BY THE SADASHIVANAGAR POLICE THAT IS RESPONDENT. 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 Crime No.65/2025 registered by Sadashivanagar Police Station, Bengaluru, for offence punishable under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court.

3. FIR in Crime No.65/2025 was registered by

Sadashivanagar Police Station, Bengaluru, for the aforesaid offence against the petitioner herein based on -3- first information received on 29.03.2025 from respondent No.2 who is the father of the victim girls.

4. During the course of investigation of the case,

the petitioner herein was arrested and subsequently remanded to judicial custody. His bail application in Crl.Misc.3039/2025 was rejected on 25.04.2025. Therefore, petitioner is before this Court.

5. In the FIR, which was submitted by the father of

the victim girls, he has stated that on 29.03.2025, when his minor daughters aged 13 years and 10 years respectively were on their way to home from their school, the petitioner herein who came in an autorickshaw allegedly teased the victim girls and thereafter opened his pant and showed his private parts to the victim girls. It is in this background, FIR was registered against the petitioner for the aforesaid offence.

6. The investigation of the case is completed and

chargesheet is also filed. The maximum punishment for -4- the chargesheeted offence is imprisonment for a period of three years. The allegations in the chargesheet against the petitioner are required to be proved in a full fledged trial. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without reference to the merits and demerits of the case. Accordingly, the following:-

ORDER

(i) The petition is allowed.

(ii) The petitioner is directed to be enlarged on bail

in Crime No.65/2025 registered by Sadashivanagar Police Station, Bengaluru, for offence punishable under Section 12 of POCSO Act , subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; -5- 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 PKS List No.: 1 Sl No.: 68

Same Court & Year Karnataka · 2025 Same Parties Sri Ashok Kumar vs State of Karnataka Same Judge S Vishwajith Shetty

Public prosecutor Police Station personal bond full fledged trial court high court Subject to