Allowed

Sri. Yogesh a E v. the State of Karnataka

Karnataka HC28 Nov 2024CRL.P/11496/2024

Case brief

AI extract

What is this about?

Regular bail sought by accused in a POCSO case involving a 17-year-old victim. The court noted the victim's statement under Section 183(5) BNSS contained no allegation of penetrative sexual assault, the accused had no criminal antecedents, and investigation was complete with charge sheet filed, and granted bail subject to conditions.

What did the court decide?

Petitioner enlarged on bail in Spl. Case No.640/2024 on personal bond of Rs.1,00,000 with two sureties, subject to conditions including regular court appearance and no witness tampering.

Sri. Yogesh a E Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:48769 CRL.P No. 11496 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO.11496 OF 2024 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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SRI YOGESH A.E. S/O. LATE ERANNA, AGED ABOUT 26 YEARS, R/O. AREGUJJANAHALLI VILLAGE, URIDEGERE HOBLI, TUMAKURU TALUK – 572 140 (PETITONER IS IN JUDICIAL CUSTODY). ... PETITIONER

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(BY SRI NISHAN UNNI P., ADVOCATE)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMAKURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

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XXX. ... RESPONDENTS

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(BY SRI DIWAKAR MADDUR, HCGP FOR R-1; V/O. DATED 22/11/2024, NOTICE TO R-2 HELD SUFFICIENT)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.640/2024 FOR THE OFFENCE P/U/S 137(2), 64 OF BNS AND SECTIONS 6 & 17 OF THE POCSO ACT REGISTERED BY THE 1^ST RESPONDENT WOMEN P.S. TUMAKURU PENDING ON THE FILE OF HON’BLE DISTRICT AND SESSIONS JUDGE (FTSC-1) TUMAKURU.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:48769 CRL.P No. 11496 of 2024

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Spl. Case No.640/2024 pending before

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the Court of District and Sessions Judge, (FTSC–1), Tumakuru, arising out of Crime No.140/2024 registered by Tumakuru Women Police Station for the offence punishable under Section 137(2) and 64 of Bharatiya Nagarik Suraksha Sanhita and Sections 6 and 17 of the POCSO Act, 2012, is before this Court under Section 439 of Cr.P.C. seeking for regular bail.

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

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FIR in Crime No.140/2024 was registered by

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Tumakuru Women Police against unknown person on the basis of the first information dated 15.07.2024 received from respondent No.2 herein who is the mother of the victim girl aged about 17 years initially for the offence

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3 - NC: 2024:KHC:48769 CRL.P No. 11496 of 2024

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punishable under Section 137(2) of BNSS, 2023. During the course of investigation the petitioner and the victim girl were traced. The petitioner was arrested on 15.03.2024 and has since been in judicial custody. Investigation of the case is completed and the charge sheet is filed. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Mis. No.1171/2024 was rejected on 31.08.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner is an youngster, aged abut 27 years, having no criminal antecedents. The victim girl has not cooperated for her medical examination and she has not made any allegation against the petitioner about he committing any kind of penetrative sexual assault on her. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the

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petition. He submits that the victim is a minor and

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4 - NC: 2024:KHC:48769 CRL.P No. 11496 of 2024

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therefore the alleged offence gets attracted against the petitioner. Accordingly, he prays to dismiss the petition.

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The first informant, who is the mother of the

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victim girl had approached the Tumakuru Women Police Station on 14.07.2024 and submitted the first information

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wherein it is averred that the victim girl who is her daughter, aged about 17 years was found missing from her house and the efforts made to trace her were failed. Therefore, she has approached the police. During the course of investigation the victim girl and the petitioner were traced. The victim girl has refused to give her consent for her medical examination. Statement of victim girl under Section 183(5) of BNSS was recorded by the

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jurisdictional Magistrate on 07.08.2024. The victim girl has not made any allegation against the petitioner about he committing any kind of penetrative sexual assault on her, which would attract the offence punishable under Section 6 of the POCSO Act. Undisputedly the petitioner has no other criminal antecedents. He is aged about 27

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5 - NC: 2024:KHC:48769 CRL.P No. 11496 of 2024

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years and he is in custody from 15.03.2024. Investigation in the case has been completed and the charge sheet has been filed. Allegations found in the charge sheet against the petitioner is required to be proved under trial. Under the circumstances, I am of the opinion that subject to stringent conditions, petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-

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ORDER

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The Criminal petition is allowed .

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The petitioner is directed to be enlarged on bail in Spl. Case No.640/2024 pending before the Court of District and Sessions Judge, (FTSC–1), Tumakuru, arising out of Crime No.140/2024 registered by Tumakuru Women Police Station for the offence punishable under Section 137(2) and 64 of Bharatiya Nagarik Suraksha Sanhita and Sections 6 and 17 of the POCSO Act, 2012, subject to the following conditions:

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NC: 2024:KHC:48769 CRL.P No. 11496 of 2024

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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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.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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YKL List No.: 1 Sl No.: 23

Sri. Yogesh a E v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Yogesh a E v. the State of Karnataka

Case brief

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