High Court allowed a bail petition filed under Section 439 Cr.P.C. by an accused charged with offences against a minor boy, relying on the delay in lodging the FIR and the absence of criminal antecedents.
Enlargement on bail subject to a personal bond of Rs. 1,00,000 with two sureties and other standard conditions.
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:45937 CRL.P No. 9019 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9019 OF 2024
BETWEEN:
MR CHANDRU @ RAMACHANDRA S/O LATE HANUMAIAH, AGED ABOUT 51 YEARS, R/AT NO.490, 6TH CROSS, KANVA HOSPITAL, KANTIRAVA NAGARA, NANDINI LAYOUT, BANGALORE CITY.
…PETITIONER
(BY SRI. GOPAL N., ADVOCATE)
AND:
Digitally signed by KAVYA R Location: High Court of Karnataka
BY JNANABHARATHI POLICE, (REP BY LTD., STATE PUBLIC PROSECUTOR)
…RESPONDENTS (BY SRI. M.R.PATIL., HCGP FOR R1; R2 - SERVED;)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL BY ACCEPTANCE OF PERSONAL BOND OR AS IN THE MANNER THAT THIS HONORABLE COURT DEEMS
NC: 2024:KHC:45937 CRL.P No. 9019 of 2024
FIT IN CR.NO.235/2024 FOR the OFFENCE P/U/S 354A, 354C, 506 OF IPC, SEC. 8, 9(1), 10, 12 AND 14 OF POCSO ACT, 2012 AND SEC. 66(e) OF I.T. ACT, 2000 AGAINST THE PETITIONER, ON THE FILE OF THE ADDL. C.C. AND SESSIONS JUDGE, FTSC1, BENGALURU CITY.
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 S.C.No.1383/2024 pending before the Court of Additional City Civil and Sessions Judge FTSC-I at Bangalore, arising out of Crime No.235/2024 registered by Jnanabharathi Police Station, Bengaluru City for the offences punishable under Sections 354(A), 354(C), 506 of IPC and Sections 8, 12, 11(IV), 15 of the of Protection of Children from sexual Offences Act, 2012, and Section 66(E) of Information Technology Act, 2000, is before this Court under Section 439 of Cr.P.C.
NC: 2024:KHC:45937 CRL.P No. 9019 of 2024
though served in this matter, has remained unrepresented before this Court.
Jnanabharathi Police Station, Bengaluru City, against the petitioner herein for the aforesaid offences on the basis of first information dated 26.05.2024 received from respondent No.2 herein who is the mother of the victim girl, aged about 15 years.
NC: 2024:KHC:45937 CRL.P No. 9019 of 2024
antecedents and is in custody for the last more than five months. Maximum punishment for the alleged offences is imprisonment for a period of seven years. Accordingly, he prays to allow this petition.
of the victim girl on 26.05.2024, alleging that on 23.04.2024, the petitioner who had come to her house had misbehaved with her minor daughter with sexual intent and also had touched her inappropriately. He also had asked her to cooperate with him for having sexual intercourse. It is in this background, FIR in Crime No.235/2024 was registered against the petitioner.
and charge sheet has been filed against him for the aforesaid offences.
show that there is a delay of more than one month in submitting the first information before the police. In respect of the alleged incident that had taken place on 23.04.2024, belatedly first information is submitted on 26.05.2024. Maximum punishment for the alleged offences is imprisonment for a period of seven years. Undisputedly, petitioner has no other criminal antecedents and he is in custody for the last more than five months. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The petition is allowed .
The petitioner is directed to be enlarged on bail in S.C.No.1383/2024 pending before the Court of Additional
City Civil and Sessions Judge FTSC-I at Bangalore, arising out of Crime No.235/2024 registered by Jnanabharathi Police Station, Bengaluru City for the offences punishable under Sections 354(A), 354(C), 506 of IPC and Sections 8, 12, 11(IV), 15 of the of Protection of Children from sexual Offences Act, 2012, and Section 66(E) of Information Technology Act, 2000, subject to the following conditions:
a) The 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;
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 his is disposed off.
Sd/(S VISHWAJITH SHETTY)
JUDGE
KVR
List No.: 1 Sl No.: 31
1 issue framed by the court
Whether a first information report delayed by more than a month precludes a bail application?
4 provisions across 4 enactments
MR CHANDRU @ RAMACHANDRA
STATE OF KARNATAKA
XXX XXX
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
