Karnataka High Court dismissed a bail petition filed by two minor petitioners accused of gang rape, video recording, and threatening a minor victim, holding them not entitled to bail due to the heinous nature of the offence.
Petition for bail in Crime No.376/2023 was dismissed; petitioners not enlarged on bail.
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:36312 CRL.P No. 6577 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6577 OF 2024
BETWEEN:
AND ALSO RESIDING AT KALLIMELEDODDI VILLAGE, C A KERE HOBLI, MADDUR TALUK MANDYA DISTRICT 571422.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
SINCE THE PETITIONER NO.1 IS MINOR HE REP. THROUGH HIS MOTHER AND NATURAL GUARDIAN.
SMT BHAGYAMMA K R, W/O V SRINIVASA, AGED ABOUT 35 YEARS, RESIDING AT T BALLEKERE VILLAGE MADDUR TALUK MANDYA DISTRICT 571422.
KYATHAGAHATTA, C A KERE HOBLI, MADDUR TALUK MANDYA DISTRICT-571422. SINCE THE PETITIONER NO.2 IS ALSO MINOR HE REP. THROUGH HIS FATHER
SRI K A SHASHIDHAR, S/O DODDASIDDEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT NO.30-1, KALLIMELEDODDI VILLAGE, KYATHAGAHATTA, C A KERE HOBLI, MADDUR TALUK MANDYA DISTRICT-571422.
…PETITIONERS
(BY SRI.H.KANTHARAJ, SR. COUNSEL FOR SRI. GIRISH N R.,ADVOCATE)
AND:
PRESENTLY RESIDING AT OPPOSITE TO BSNL OFFICE
NC: 2024:KHC:36312 CRL.P No. 6577 of 2024
K M DODDI TOWN, C A KERE HOBLI, MADDUR TALUK MANDYA DISTRICT-571422.
…RESPONDENTS
(BY SRI. K.RAHUL RAI., HCGP FOR R1; SRI. RENSPRE PRITHESH D’SOUZA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL FOR THE OFFENCE P/U/S 114, 324, 363, 366, 370(A), 376(D), 504, 506 R/W 34 OF IPC, SEC. 4, 5(g), 6, 9(g), 10, 14, 15, 17 OF POCSO ACT, SEC. 66(E), 66(D) OF INFORMATION TECHNOLOGY ACT AND SEC. 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(v) AND 3(2)(va) OF SC/ST (POA) AMENDMENT ACT REGISTERED BY THE RESPONDENT MADDUR POLICE IN THEIR CR.NO.376/2023 AND PENDING IN SPL.C.NO.09/2024 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY, PRONOUNCED THE FOLLOWING:
DATE OF RESERVED THE ORDER : 23.08.2024 DATE OF PRONOUNCEMENT OF THE ORDER : 05.09.2024
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CAV ORDER
This petition under Section 439 of Cr.P.C. is filed by
the petitioners praying to enlarge them on bail in Crime No.376/2023 registered at Maddur Police Station, Mandya,
NC: 2024:KHC:36312 CRL.P No. 6577 of 2024
pending in Spl.C.No.9/2024 on the file of the Court of Principal District and Sessions Judge, Mandya.
learned High Court Government Pleader for respondent No.1/ State, the learned counsel appearing for respondent No.2/defacto complainant and perused the material on record.
petitioner No.1 forwarded the video clip to the mobile phone of one Amulya (CW5) through Whatsapp and then threatened her daughter that she should go with them, whenever called or else they will make the video viral. Further, on 9.11.2023, at 9.30 a.m. petitioner No.1 and his friend Bharath came to her house and posed life threat to her.
NC: 2024:KHC:36312 CRL.P No. 6577 of 2024
the alleged incident has taken place on 4.11.2023, whereas the complaint was lodged on 9.11.2023 and therefore, there is an inordinate delay in filing the complaint and registering the case. The averments made in the complaint is an after thought and the delay is used to falsely implicate the petitioners.
is filed against one Manjunath, shown as accused No.2 in the FIR and another by name Krishna, manager of the lodge.
No.1 inflicted injury to her hand and she was also threatened that they will make the video viral. Further, petitioner No.1 has shared the video with one AmulyaCW.5.
NC: 2024:KHC:36312 CRL.P No. 6577 of 2024
of their acts and therefore, there is a need for their trial as adults before the Childrens Court within the ambit of Section 18(3) of the said Act.
NC: 2024:KHC:36312 CRL.P No. 6577 of 2024
Hence, at this stage, if the petitioners are enlarged on bail, there is every chance of petitioners intimidating or threatening the victim and her mother/complainant.
For the above reasons, petition is dismissed.
SD/(MOHAMMAD NAWAZ) JUDGE
TL
List No.: 1 Sl No.: 1
3 issues framed by the court
Whether minor petitioners accused of gang rape and video recording of sexual acts are entitled to bail under Section 439 Cr.P.C.
Whether the fact that petitioners are children in conflict with law warrants grant of bail in heinous offences.
Whether the Juvenile Justice Board's classification of petitioners as adults for trial purposes affects the bail application.
4 provisions across 4 enactments
Puneeth T S
K S Siddhartha
State of Karnataka
Roja T P
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
