Sri Gaviranganatha Swamy Alias Swamy Vs the State of Karnataka

SRI GAVIRANGANATHA SWAMY @ SWAMY, SON OF LATE RAMESH, AGED ABOUT 27 YEARS. RESIDING AT 4^TH CROSS, RENUKAMMA NAGARA, ANTHRASANNAHALLI VILLAGE, TUMAKURU TOWN AND DISTRICT KARNATAKA - 572 106 PERMANENT ADDRESS AT BOMMANAHALLI VILLAGE DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 561 202, KARNATAKA. (NOW IN JUDICIAL CUSTODY, DISTRICT PRISON, TUMAKURU)

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…PETITIONER

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Digitally signed by SWAPNA V Location: high court of karnataka

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(BY SRI. T.P. CHIDAMBHAR SWAROOP, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMAKURU, KARNATAKA (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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XXX

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…RESPONDENTS

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2 -

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NC: 2025:KHC:9371 CRL.P No. 1349 of 2025

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(BY SMT. PUSHAPALATHA, ADDL. SPP, ALONG WITH

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SMT. N. ANITHA GIRISH, HCGP FOR R1)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE ABOVE PETITIONER ON BAIL IN SPL.C.NO.288/2024 ON THE FILE OF ADDL. DISTRICT AND SESSION JUDGE FTSC-1 TUMAKURU FOR THE OFFENCE UNDER SEC.376 AND 506 OF IPC AND SEC.4, 6 OF POCSO ACT REGISTERED BY WOMEN P.S. TUMAKURU IN CRIME NO.70/2024 BY ALLOWING THIS PETITION IN THE ABOVE CASE.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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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.C.No.288/2024, pending before the Court of Additional District and Sessions Judge, FTSC-I, Tumakuru, arising out of Crime No.70/2024 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 376 and 506 of Indian Penal Code (for short, 'IPC') and Sections and 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') is before this Court under Section 439 of Cr.PC seeking regular bail.

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3 - NC: 2025:KHC:9371 CRL.P No. 1349 of 2025

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for respondent No.1. Respondent No.2 who is served in this matter, has remained unrepresented before this Court.

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FIR in Crime No.70/2024 was registered by Tumakuru Women Police Station, Tumakuru against the petitioner herein for the aforesaid offences on the basis of the first information dated 07.04.2024 received from respondent No.2, who is the mother of the victim girl.

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During the course of investigation of the case, petitioner herein was arrested on 07.04.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.1576/2024 was rejected on 25.10.2024 and therefore, he approached this Court in Crl.P.No.12306/2024 which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail application

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4 - NC: 2025:KHC:9371 CRL.P No. 1349 of 2025

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after examination of the victim girl was completed before

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the Trial Court. It is under this circumstances, the petitioner is before this Court in this successive bail petition.

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Learned counsel for the petitioner after reiterating the grounds urged in the petition submits that there is a civil dispute between the family of the victim girl and the family of the petitioner. It is under these circumstances, false allegations are made against the petitioner. He submits that medical records do not support the case of the prosecution. Victim and her mother are already examined before the Trial Court. Petitioner has no other criminal antecedents and accordingly, prays for allowing the petition.

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Per contra, learned High Court Government Pleader has opposed the petition. She submits that victim girl who is a minor has completely supported the case of the prosecution and the allegations would prima facie

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5 - NC: 2025:KHC:9371 CRL.P No. 1349 of 2025

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attract the alleged offences. Therefore, the petitioner's prayer needs to be rejected.

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Learned counsel for the petitioner has produced materials before this Court, which would prima facie go to show that there is certain civil dispute between two families relating to land bearing Sy.No.106/3 measuring 2 acres. Perusal of deposition of victim-PW-1 would go to show that petitioner is close relative of victims mother. In the first information as well as in the charge sheet, it is alleged that, on 04.04.2023 at about 9.am when the victim girl was alone in the house, petitioner entered the house and thereafter, committed forcible penetrative sexual assault on the victim girl. First information was submitted in the present case on 07.04.2024 and on the

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very same day, the victim girl aged 13 years was subjected to medical examination. The Doctor who has medically examined the victim girl has stated in his medical report that there is no evidence of recent forcible sexual intercourse. In the FSL report dated 29.04.2024, it

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6 - NC: 2025:KHC:9371 CRL.P No. 1349 of 2025

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is opined that seminal stains and spermatozoa were not detected in the articles which were sent for examination to the laboratory. Victim girl and her mother have been completely examined before the Trial Court and therefore, there cannot be any apprehension that the petitioner is likely to tamper the material prosecution witnesses. Petitioner aged 27 years having no criminal antecedents is in custody for more than 10 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 is required to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime No.70/2024 registered by Tumakuru Women Police Station, Tumakuru, for the offences punishable under Sections 376 and 506 of IPC and Sections and 4 and 6 of the POCSO Act, subject to the following conditions:

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7 - NC: 2025:KHC:9371 CRL.P No. 1349 of 2025

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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;

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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) JUDGE

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SPV

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List No.: 1 Sl No.: 58

Sri Gaviranganatha Swamy Alias Swamy v. the State of Karnataka

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Sri Gaviranganatha Swamy Alias Swamy v. the State of Karnataka

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