This High Court of Karnataka allowed a bail petition filed by an accused charged under Section 376AB IPC and Sections 4 & 8 POCSO Act for penetrative sexual assault and sexual assault on a minor.
Petitioner enlarged on bail in criminal appeal SPL.C.No.195/2024 subject to a personal bond of Rs. 1,00,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:45887 CRL.P No. 10324 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10324 OF 2024
BETWEEN:
MARUTI S/O KALINGAPPA KATTIMANI AGE 22 YEARS OCC: LABOUR, R/O VAKKANADURGA VILLAGE NILOGAL POST HANAMNLHOBLI KUSHTAGI TALUK KOPPAL DISTRICT
…PETITIONER
(BY SRI. S.S. MITTALAKOD, ADVOCATE)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
(NUGGENAHALLI POLICE STATION CHANNARAYAPATNA TALUK HASSAN DISTRICT)
…RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R-1 R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 BNSS) PRAYING TO a) ALLOW THE PETITION. b) ENLARGE THE PETITIONER ON BAIL WHO IS CHARGE SHEETED, FOR OFFENCES PUNISHABLE UNDER SECTION 376(AB) OF IPC, UNDER SECTIONS 4 AND 8 OF POCSO ACT, SPL.C.NO.195/2024 IN CR.NO.50/2024 OF NUGGEHALLI P.S., ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I AT HASSAN.
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 Spl.C.No.195/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Hassan, arising out of Crime No.50/2024 registered by Nuggehalli Police Station, Hassan, for the offences punishable under Section 376AB of IPC and Sections 4 & 8 of Protection of Children from sexual Offences Act, 2012 (for short, 'POCSO Act'), is before this Court under section 439 of Cr.P.C., seeking regular bail.
learned HCGP for respondent No.1. Respondent No.2, who is served in this matter, has remained unrepresented before this Court.
NC: 2024:KHC:45887 CRL.P No. 10324 of 2024
NC: 2024:KHC:45887 CRL.P No. 10324 of 2024
under Section 376AB IPC and Section 4 of POCSO Act would not get attracted against the petitioner. Medical records of the victim do not support the aforesaid allegations made against the petitioner. Investigation in the case is completed. Accordingly, he prays to allow the petition.
No.2 who is aunt of the victim girl, age about six years. In the first information it is mentioned that on 10.04.2024 at about 4.30 pm, the victim girl came crying to first informant and informed her, when she went to drink water near the shed, the petitioner took her inside the shed and
gave her some eatables, thereafter he removed her cloths and also removed his cloths and after making her to sleep
on ground and he slept on her and tried to insert his private part into the private part of the victim girl. Immediately, thereafter, first informant and others gone near the shed and the petitioner who is inside house alleged ran away, thereafter first informant had approached the police, submitted typed first information based on which FIR in crime No.50/2024 was registered against the petitioner and another.
NC: 2024:KHC:45887 CRL.P No. 10324 of 2024
of Cr.P.C before the Jurisdiction Magistrate on 24.04.2024, even in the said statement the victim girl has stated that the petitioner had tried to insert his private part into her private part.
NC: 2024:KHC:45887 CRL.P No. 10324 of 2024
aspects of the matter, I am of the view that, without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail needs to be answered affirmatively.
ORDER
The Criminal Petition is allowed .
The petitioner is directed to be enlarged on bail in Spl.C.No.195/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Hassan, arising out of Crime No.50/2024 registered by Nuggehalli Police Station, Hassan, for the offences punishable under Section 376AB of IPC and Sections 4 & 8 of Protection of Children from sexual Offences Act, 2012, subject to the following conditions:
a) 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;
NC: 2024:KHC:45887 CRL.P No. 10324 of 2024
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
ASN List No.: 1 Sl No.: 34
3 issues framed by the court
Whether the petitioner, an accused in a POCSO case, is entitled to regular bail under Section 439 Cr.P.C.
Whether the petitioner can be enlarged on bail subject to certain conditions despite the heinous nature of the alleged offence.
Whether a prima facie opinion on the merits of the case is necessary before granting bail in this instance.
8 provisions across 4 enactments
Maruti S/O Kalingappa Kattimani
State of Karnataka Represented by the State Public Prosecutor
XXX
S Vishwasheth Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
