Sri. Vijay Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN CR.NO.690/2024 OF THE RESPONDENT HEBBAGODI P.S. FOR OFFENCE P/U/S 8 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 R/W SEC. 115(2), 75 OF THE BNS, 2023, PENDING TRIAL BEFORE THE ADDL. DIST. AND SESSIONS JUDGE, FTSC-I (SPECAIL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT) BANGALORE RURAL, IN

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NC: 2025:KHC:15671 CRL.P No. 3848 of 2025

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SPL.C.NO.43/2025 BY IMPOSING ANY CONDITION OR CONDITIONS AS THIS HONBLE COURT DEEMS FIT TO IMPOSE.

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.2 in Spl.C.No.43/2025 pending before the

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Court of Additional District and Sessions Judge - FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.690/2024 registered by Hebbagodi Police Station, Bengaluru, for offences punishable under Sections 115(2) and 75 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 Act') is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court.

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FIR in Crime No.690/2024 was registered by Hebbagodi Police Station, Bengaluru, against Sreekanta and the

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petitioner for the aforesaid offences, on the basis of the first information dated 16.11.2024 received from respondent No.2, who is the mother of the victim girl aged about 15 years.

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During the course of investigation of the case, petitioner was arrested on 18.11.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been and the petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by the petitioner in Spl.C.No.43/2025 before the Jurisdictional Sessions Court was rejected on 05.03.2025. Therefore, the petitioner is before this Court.

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Perusal of the material on record would go to show that allegation against the accused persons is that on the alleged date of incident, they had caught hold of the victim girl, who is the daughter of first informant and accused No.1 allegedly had touched her inappropriately, while accused No.2 had closed the mouth of victim girl with his hands. When the victim girl had raised a cry, the accused persons allegedly ran away from the spot. Investigation of the case is completed and the charge sheet has been filed. Maximum punishment for the aforesaid offences is imprisonment for a period of five years.

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4 - NC: 2025:KHC:15671 CRL.P No. 3848 of 2025

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Petitioner aged about 22 years 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 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.690/2024 registered by Hebbagodi Police Station, Bengaluru, for offences punishable under Sections 115(2) and 75 of BNS and Sections 8 and 12 of POCSO Act, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; 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 List No.: 1 Sl No.: 50

Sri. Vijay v. State of Karnataka

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Sri. Vijay v. State of Karnataka

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