Allowed

Sri Y Naagasheshu @ Yannan Nagasheshu v. the State of Karnataka

Karnataka HC2 May 2023CRL.P/2134/2023

Case brief

AI extract

What is this about?

Criminal Petition filed for bail under Section 439 Cr.P.C. in a case registered by Vidyaranyapura Police for offences under IPC 363 and POCSO Act. Court granted bail based on parity and prior orders.

What did the court decide?

Bail allowed; accused to execute personal bond of Rs.1,00,000/- with two sureties and follow standard conditions including attending court and not going outside Bangalore district.

Sri Y Naagasheshu @ Yannan Nagasheshu Vs the… — Child Sexual Offences (POCSO) | Karnataka HC (2023)

¶1

¶2

CRL.P No. 2134 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 2^ND DAY OF MAY, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 2134 OF 2023

¶7

BETWEEN:

¶8

SRI. Y. NAAGASHESHU @ YANNAN NAGASHESHU, S/O RAMASUBBARAO, AGED ABOUT 20 YEARS, RESIDENT OF TIRUPATHI MANDALAM, TIRUPATHI DISTRICT, ANDHRA PRADESH - 517 503.

¶9

…PETITIONER

¶10

(BY SRI. JAGADISH GUNDAPPA, ADVOCATE)

¶11

AND:

¶12

Digitally signed by RAMYA D Location: High Court of Karnataka

¶13

THE STATE OF KARNATAKA, BY VIDYARANYAPURA POLICE STATION, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001.

¶14

SMT. BABY, WIFE OF CHANDRASHEKAR NAIDU, AGED ABOUT 35 YEARS, R/AT NO.49, AKSHAYANAGARA, ATTURU LAYOUT, YELAHANKA NEW TOWN, BANGALORE - 560 064.

¶15

…RESPONDENTS

¶16

(BY SRI. R. D. RENUKARADHYA, HCGP)

¶17

¶18

CRL.P No. 2134 of 2023

¶19

THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.15/2023 REGISTERED BY VIDYARANYAPURA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 363 OF IPC AND SECTION 4, 6, 12 AND 17 OF POCSO ACT, WHICH IS PENDING ON THE FILE OF FTSC-1, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND ETC.,

¶20

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

ORDER

¶22

Heard on bail application.

¶23

On the basis of the complaint filed by Smt. Bebi

¶24

S, the Vidyaranyapura Police have registered the case in crime No.15/2023 against Mokisht for the commission of offence punishable under Section 363 of IPC and Section 12 of Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act, 2012' for the sake of brevity).

¶25

After completion of investigation, the

¶26

investigating officer has submitted the charge sheet for

¶27

3 - CRL.P No. 2134 of 2023

¶28

the offences punishable under Section 363 of IPC, Section 3(A) 4, 5(L), 6, 11 (V), 12,16 and 17 of POCSO Act, 2012.

¶29

A perusal of the charge sheet, it is alleged that accused No.3 has paid the amount of Rs.5,000/- to

¶30

accused No.1. Except this, there are no allegation against this petitioner. The petitioner's counsel has also produced certified copy of the order passed by this Court in Crl.P.No.1935/2023 c/w. Crl.P.No.2008/2023 dated 13.04.2023, in which this Court has granted bail to accused No.2 Mahesh and Pramod.

¶31

Considering the facts and circumstances and nature and gravity of offence and also order passed by this Court in Crl.P.No.1935/2023 c/w. Crl.P.No.2008/2023, I

¶32

am of the opinion that this petitioner is also entitled for grant of bail on the ground of parity.

¶33

¶34

CRL.P No. 2134 of 2023

¶35

Hence, I proceed to pass the following:

¶36

ORDER

¶37

i. The bail application filed under Section 439 of Cr.P.C., is allowed .

¶38

ii. The accused/petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the Jurisdictional Magistrate Court.

¶39

iii. Petitioner shall attend the Court regularly.

¶40

iv. Petitioner shall not tamper with the prosecution witnesses directly/indirectly.

¶41

v. Petitioner shall not leave the jurisdiction of Bengaluru District without prior permission.

¶42

vi. Petitioner shall not indulge in similar activities.

¶43

Sd/JUDGE

¶44

SSD

Sri Y Naagasheshu @ Yannan Nagasheshu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Y Naagasheshu @ Yannan Nagasheshu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sandeep S/O Monappa Vs Mallamma W/O Subhash and Anr.

The National Insurance Company Ltd., Vs Dasharath and Ors.

Divisional Manager Vs Sandeep S/O Monappa

Siddesha @ Babu Vs the State of Karnataka

Jayalakshmi Vs the State of Karnataka

Sri Akash S L Vs State of Karnataka