High Court rejected bail application for three accused charged with rape and sexual assault on a minor under IPC and POCSO. Court held that existing apprehension of witness tampering and nature of heinous offences precluded release on regular bail.
Regular bail prayer rejected; petition dismissed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9012 OF 2024
BETWEEN:
(BY SRI. KESHAV R AGNIHOTRI., ADV.)
AND:
NC: 2024:KHC:47219 CRL.P No. 9012 of 2024
PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001
W/O ABUBAKAR SIDDIQUI AGED ABOUT 33 YEARS R/O KEERTHY NAGARA MALAVALLI TOWN MALAVALLI TALUK MANDYA DIST 571 403 …RESPONDENTS
(BY SRI.DIWAKARA MADDUR, HCGP FOR R1; NOTICE TO R2 HELD SUFFICIENT VIDE ORDER DATED 22.10.2024)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS / ACCUSED NO.1 TO 3 ON BAIL IN SPL.C.NO.153/2024 OF THE RESPONDENT MALAVALLI TOWN POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 324, 354A, 354D, 504, 506 AND 376(2)(i)(n) OF IPC AND SEC. 4, 6, 12 AND 17 OF THE POCSO ACT, 2012 ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT TO GRANT AND IMPOSE IN THE CIRCUMSTANCES OF THE CASE, BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
The accused Nos.1 to 3 in Spl.Case No.153/2024
pending before the Court of Additional District & Sessions Judge, FTSC-II, Mandya arising out of Crime No.28/2024 registered by Malavalli Town Police Station, Mandya for
offences punishable under Sections 323, 324, 354(A), 354(D), 504, 114, 506, 376(2)(i)(n) of IPC and Sections 4, 6, 10, 12 and 17 of POCSO Act, are before this Court under Section 439 of Cr.P.C., seeking regular bail.
and charge sheet is filed against four persons. Petitioners herein are arrayed as accused Nos. 1 to 3. Bail applications filed by the petitioners before the trial court in Spl.C.No.153/2024 was rejected on 09.07.2024. Therefore, they are before this Court.
registered against him. He submits that the trial court has already issued witness summons to CW1 and CW2, who are the first informant and the victim girl. At this stage, if the petitioners are enlarged on bail, chances of they tampering with the charge-sheet witnesses and threatening the charge-sheet witnesses cannot be ruled out. Accordingly, he prays to dismiss the petition.
not interested to talk to Nagesh, accused Nos.1, 2 and 3 threatened the victim and accused No.1 allegedly pulled her towards him and kissed her and informed the victim girl that the said act was recorded in his mobile phone and threatened her that the same would be uploaded in social media. Thereafter, accused Nos. 1 to 3 were threatening the victim girl and they were taking her to the house of the accused No.1 and by blackmailing her they had sexual intercourse with her forcibly. Accused Nos. 1 to 3, on various dates had sexual intercourse with the victim girl by threatening and blackmailing her. On 28.03.2024, when accused Nos. 1 to 3 had taken the victim girl inside the house of accused No.1, the first informant who came in search of the victim girl, having learnt that the victim girl was inside the house of accused No.1, went inside the said house and found that accused persons were sexually assaulting the victim girl. When the first informant questioned accused persons and tried to interfere, she was allegedly assaulted by the accused persons.
NC: 2024:KHC:47219 CRL.P No. 9012 of 2024
NC: 2024:KHC:47219 CRL.P No. 9012 of 2024
opinion that their prayer for grant of regular bail needs to
be rejected.
Accordingly, petition dismissed.
Sd/(S VISHWAJITH SHETTY) JUDGE
CM
List No.: 1 Sl No.: 33
3 issues framed by the court
Whether bail should be granted to accusedpersons charged with penetrative sexual assault on a minor amidst apprehension of witness tampering
Whether the gravity of offences and criminal antecedents of the accused warrant rejection of bail prayer
Whether issuance of witness summons creates sufficient ground to deny enlargement on bail
10 provisions across 4 enactments
PRAJWAL S/O BASAVARAJU
KARTHIK S/O LATE KRISHNA
KISHORE S/O MALLIKARJUNA
THE STATE BY PUBLIC PROSECUTOR
AYESHA BABU
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
