Nithyananda Naika Vs State of Karnataka

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NC: 2025:KHC:50214 CRL.P No. 15236 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15236 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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NITHYANANDA NAIKA S/O. MADEVA NAIKA AGED ABOUT 45 YEARS, R/O, GADAGARA, BHRAMUR ANKOLA TALUK, PO BHRAMURMOGTA UTTARA KANNADA, KARNATAKA-581 344.

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NOW R/O, C/O. PUNEETH KUMAR MAHAMAYA NILAYA, KUCHHI KADU MATADAKANI 3^RD CROSS MANGALORE, D.K.DISTRICT.

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…PETITIONER

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(BY SRI. B.V.M.ADEKAR, ADVOCATE)

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA

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BY URVA POLICE STATION, REP BY. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

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ANKITA

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D/O NOT KNOWN AGED ABOUT 19 YEARS R/O, SCS COLLEGE, URVA MANGALURU-CITY KARNATAKA-575 006.

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NC: 2025:KHC:50214 CRL.P No. 15236 of 2025

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HC-KAR

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3. PRATEESHA

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D/O NOT KNOWN, AGED ABOUT 19 YEARS, R/O, SCS COLLEGE, URVA, MANGALURU-CITY KARNATAKA-575 006.

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NAVYA D/O NOT KNOWN, AGED ABOUT 19 YEARS, R/O, SCS COLLEGE, URVA, MANGALURU-CITY, KARNATAKA-575 006.

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TULASI D/O NOT KNOWN, AGED ABOUT 19 YEARS R/O, SCS COLLEGE, URVA, MANGALURU-CITY, KARNATAKA-575 006.

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BHOOMIKA, D/O NOT KNOWN, AGED ABOUT 19 YEARS, R/O, SCS COLLEGE, URVA, MANGALURU-CITY, KARNATAKA-575 006.

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SRUSTHTI D/O NOT KNOWN AGED ABOUT 19 YEARS R/O, SCS COLLEGE URVA, MANGALURU-CITY KARNATAKA-575 006.

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R1 R2 TO R7 SERVED)

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THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE

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3 - NC: 2025:KHC:50214 CRL.P No. 15236 of 2025

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HC-KAR

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PETITIONER ON BAIL IN CR.No.89/2025, LODGED BY THE URVA POLICE STATION, MANGALURU AND PENDING ON THE FILE OF THE COURT OF JMFC (III COURT) MANGALURU D.K., FOR OFFENCES PUNISHABLE UNDER SECTIONS 75(2), 78(2), 79 OF BNS.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by sole accused under Section 483

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of BNSS praying to grant bail in Crime No.89/2025 of Urva Police Station, Mangalore registered for offences punishable under Sections 75(2), 78(2) and 79 of BNS.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State.

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Learned counsel for the petitioner would contend that the petitioner is working as Administrative Officer in the college and victim girls are studying as students. The girls are caught by the petitioner while dancing in the hostel and when

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he threatened to take action against them, they filled a false complaint against the petitioner. The investigation is over and

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NC: 2025:KHC:50214 CRL.P No. 15236 of 2025

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HC-KAR

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charge sheet has been filed. Therefore, the petitioner is not required for custodial interrogation. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

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Per contra , learned High Court Government Pleader

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for the respondent -State would contend that ten girls have made similar allegations against this petitioner. The petitioner is in responsible position as Administrative Officer in the college. The victim girls are in the final year and they have one more year to complete their course. If the petitioner is granted bail, there are chances of he threatening the victim girls and tampering the prosecution witnesses and committing similar offence. With this she prays to reject the petition.

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Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.

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On perusal of charge sheet, the case of the prosecution is that this petitioner who is working as

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HC-KAR

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Administrative Officer in the college used to stare at the victim

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girls with sexual intent and used to follow them in his scooter and make comment with regard to their dress etc. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is in judicial custody since 19.09.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The apprehension of the prosecution can be met with by imposing stringent conditions. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

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