Yusuf Alias Usuf Vs State by J.P. Nagar Police Station

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC AND ST (POA) ACT PRAYING TO A. SET ASIDE THE ORDER DATED 24.06.2025 PASSED BY THE ADDL.CITY CIVIL AND SESSIONS JUDGE, FTSC-I, BANGALORE, IN CRL.MISC.NO.4526/2025 B. ENLARGE THE APPELLANT ON REGULAR BAIL IN CR.NO.50/2025 REGISTERED BY J.P NAGAR P.S, FOR THE O/P/US/ 74, 75, 115(2), 351(3), 352 OF THE BNS, SEC. 11(iv) AND 12 OF THE POCSO ACT AND SEC. 3(1)(w)(i)(ii), 3(2)(v-a) OF THE SC / ST (POA) ACT.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2025:KHC:35245 CRL.A No. 1412 of 2025

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HC-KAR

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ORAL JUDGMENT

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The appellant is the sole accused in Crime No.50/2025 of the respondent - Police is before this Court seeking regular bail for the offences punishable under Sections 74, 75, 115(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023), Sections 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and Sections 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act (for short ‘SC/ST (POA) Act’) and seeking to set aside the order dated 24.06.2025 passed in Crl.Misc.No.4526/2025 by FTSC-1, Additional City Civil and Sessions Judge, Bengaluru.

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Factual matrix of the case:

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It is the case of the prosecution that CW.1, being the mother of the victim, had lodged a complaint stating that, on 26.02.2025 at about 8.30 p.m., the complainant told the victim to fetch water from the public tap. The victim went to bring the water, however, she did not return even after one hour. The complainant went out in

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HC-KAR

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searching of the victim and she found that the victim was crying near Usha Clinic. On enquiry, the victim told that the accused had molested her and also outraged her modesty and also she was being insisted to love the accused. Thereafter, the said fact was made known to the father of the victim. When the father of the victim had enquired about the incident, the appellant had assaulted him and also threatened him with dire consequences. Therefore, a complaint came to be registered against the appellant. The respondent police after conducting the investigation, submitted the charge sheet.

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Heard Sri.Santhosh.A, learned counsel for the appellant and Smt.Rashmi Patel, learned High Court Government Pleader for the respondent No.1 – State.

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It is the submission of the learned counsel for the appellant that the complainant with an ulterior motive to take revenge against the appellant had filed a false case and implicated him in the said case.

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HC-KAR

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It is further submitted that, in fact , the complainant is the mother of the victim and she was in the habit of selling liquor illegally without having any valid licence. The Excise Officials had conducted a raid and registered a case against the mother of the victim and the case is pending consideration. The complainant thought that the appellant had instructed the excise police for her illegal activities, she filed a false case. Therefore, the appellant had been implicated in the false case.

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It is further submitted that the complainant has successfully took revenge on the last standing animosity between herself and the family of the appellant. The complainant appears to be made a malicious attempt to misuse the machinery of law as a tool for personal vendentta rather than genuine pursuit of justice. Making such submissions, the learned counsel for the appellant prays to allow the appeal.

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Per contra, the learned HCGP for the respondent No.1 – State vehemently controverted the said aspect and she further submitted that the fact of causing nuisance on the

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NC: 2025:KHC:35245 CRL.A No. 1412 of 2025

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HC-KAR

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victim has been established not only by the statement of the complainant but also by the statement of the victim. The statements of other witnesses also indicate that the appellant had created nuisance and committed offences stated supra. Therefore, he is not entitled for the relief as prayed for.

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Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the record that the complainant and the appellant are neighbours. In fact , prior to his complaint, a case was registered against the mother of the victim in Crime No.35/2024 before the Excise Police Station, J.P Nagar Range as she was selling liquor without having any valid licence. Thereafter, the relationship between the neighbours was strained and they were in good terms.

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Having gone through the materials available on record, it appears from the record that, prima facie a complaint came to be registered against the appellant who is the neighbour of the victim. Having considered the previous

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HC-KAR

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enmity existed between the family, it is appropriate to grant him bail without adverting to the merit of the case.

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Hence, I proceed to pass the following:

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ORDER

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i) The Criminal Appeal is allowed. ii) The order dated 24.06.2025 passed in Crl.Misc.No.4526/2025 by FTSC-1, Additional City Civil and Sessions Judge, Bengaluru, is set aside.

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iii) The appellant / accused is ordered to be enlarged on bail in Crime No.50/2025 of respondent-police, on executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

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