Vinay Gowda @ Vinay v Vs State of Karnataka

STATE OF KARNATAKA BY TARIKERE POLICE STATION, CHIKKAMAGALURU BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, HIGH COURT OF KARNATAKA, BENGALURU-560 001

¶16

SMT. GAYATHRI W/O RAMESHA, AGED ABOUT 40 YEARS, R/AT, ASHRAYA BADAVANE, GALIHALLI CROSS, TARIKERE TOWN, CHIKKAMAGALURU DISTRICT- 577 228

¶17

…RESPONDENTS

¶18

(BY SRI. R RANGASWAMY, HCGP)

¶19

2 -

¶20

NC: 2025:KHC:36236 CRL.P No. 11267 of 2025

¶21

HC-KAR

¶22

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT AN ORDER OF ENLARGING THE PETITIONER ON REGULAR BAIL IN CRIME NO.138/2025 OF TARIKERE POLICE STATION, CHIKKAMAGALUR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 126(2), 352, 351(2), 78 OF BHARATIYA NYAYA SANHITA 2023 (BNS) AND SECTION 8 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 (POCSO) PENDING BEFORE THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE FAST TRACT SESSIONS COURT-1, AT CHIKKAMAGALURU.

¶23

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

¶24

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶25

ORAL ORDER

¶26

Petitioner is the sole accused in Crime No.138 of

¶27

2025 of Tarikere Town Police Station, Chikkamagalur, registered for the offence punishable under Sections 126(2), 352, 351(2), 78 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO').

¶28

This petition is preferred under Section 483 of the BNSS, 2023, praying to enlarge the petitioner on bail. The complaint averments would disclose that the

¶29

3 - NC: 2025:KHC:36236 CRL.P No. 11267 of 2025

¶30

HC-KAR

¶31

complainant and the petitioner are known to each other for 5 to 6 years. Petitioner had borrowed a sum of Rs.50,000/- from the complainant and he had returned only Rs.20,000/-. It is alleged, when the complainant asked the balance amount, the petitioner abused her in filthy language, threatened her, etc., It is further alleged that the petitioner was repeatedly calling the complainant on her mobile and giving trouble to her and further, he was stalking her minor daughter to college and spreading baseless allegations against the complainant etc.,

¶32

The learned HCGP contended that even earlier the complainant has reported to police complaining about the petitioner, regarding his conduct and in this regard, an NCR was registered on 13.06.2025. In spite of advice, he has repeated such acts and harassing the complainant and her daughter. He contended that, if the petitioner is granted bail, he will once again trouble the complainant and her daughter and therefore, sought to reject the bail petition.

¶33

4 - NC: 2025:KHC:36236 CRL.P No. 11267 of 2025

¶34

HC-KAR

¶35

The learned counsel for petitioner contended

¶36

that there is an inordinate delay in lodging the complaint and the entire allegations are false. He submitted that the petitioner will be advised not to trouble or harass the petitioner, if that is the case, in future. He submits that the offences alleged are not punishable with death or imprisonment for life and petitioner having been arrested and interrogated may be enlarged on bail, by imposing any conditions.

¶37

At this stage, the averments in the complaint cannot be said to be false or concocted. However, it is the contention of the learned counsel that the petitioner and the complainant are well acquainted with each other and due to some financial dispute and misunderstanding, complaint has been lodged.

¶38

Petitioner was arrested on 08.07.2025. He is in judicial custody since then. Major part of the investigation has been completed. The statement of the complainants' daughter has been recorded by the learned Magistrate.

¶39

5 - NC: 2025:KHC:36236 CRL.P No. 11267 of 2025

¶40

HC-KAR

¶41

Petitioner has no criminal antecedent. He is said to be a

¶42

permanent resident of the address furnished in the causetile. Hence, he can be enlarged on bail by imposing stringent conditions. Accordingly, the following:

¶43

ORDER

¶44

The petition is allowed .

¶45

Petitioner/accused in Crime No.138/2025 of Tarikere Town Police station is directed to be released on bail subject to the following conditions:

¶46

He shall execute a personal bond in sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional court.

¶47