Ranjith Kumar a Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Ranjith Kumar a Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Spl.C.C.No.1949/2024 (arising out of Crime No.264/2024, Konanakunte Police Station) on executing a personal bond of Rs.1,00,000 with two sureties for the likesum, subject to conditions: regular appearance before the Trial Court unless exempted, no direct or indirect threatening or tampering with prosecution witnesses, and not leaving the Trial Court's jurisdiction without its permission until disposal of the case.

Issue for consideration

Whether the petitioner, accused in Spl.C.C.No.1949/2024 arising out of Crime No.264/2024 registered for offences punishable under Sections 137(2) & 64 of BNS, 2023 and Sections 4, 5(L) & 6 of the POCSO Act, 2012, is entitled to regular bail.

Court's answer

The petition for regular bail is required to be answered affirmatively, expressly without expressing any opinion on the merits or demerits of the case.

Ratio / Principle

Bail was granted having regard to the petitioner's custody from 24.07.2024, completion of investigation and filing of the charge sheet, the case being at the stage of hearing before charge, and the petitioner having no other criminal antecedents.

Detailed headnote1 paragraphs

Criminal Petition under S.439 Cr.PC / S.483 BNSS allowed; regular bail granted to the accused (aged about 26, no criminal antecedents) in Spl.C.C.No.1949/2024 arising out of Crime No.264/2024 of Konanakunte Police Station, Bengaluru, for offences under Ss.137(2) & 64 of BNS, 2023 and Ss.4, 5(L) & 6 of the POCSO Act, 2012. Victim girl aged about 17 years 3 months went missing on 13.07.2024; FIR initially against unknown person; petitioner and victim traced together and petitioner arrested on 24.07.2024. In custody since arrest, investigation complete, charge sheet filed (22 witnesses cited), trial at the stage of hearing before charge; earlier bail application (Crl.Misc.No.10280/2024) dismissed on 04.12.2024. Bail granted without expressing opinion on merits, on a personal bond of Rs.1,00,000 with two sureties and conditions against witness tampering and leaving trial-court jurisdiction.

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NC: 2025:KHC:16748 CRL.P No. 4716 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 4716 OF 2025

BETWEEN:

RANJITH KUMAR A AGED ABOUT 26 YEARS S/O. MR. HANUMANTHA REDDY R/AT NO.1/47, UCHENAPALLI DENKANIKOTE TALUK KRISHNAGIRI DISTRICT TAMILNADU STATE - 600 001.

…PETITIONER

(BY SRI SATYANARAYANA CHALKE S, ADV.)

AND:

Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER, KONANAKUNTE POLICE STATION, SUBRAMANYAPURA SUB-DIVISION, BENGALURU - 560 010 REPT.BY ITS SPP, HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001.

XXX

…RESPONDENTS

(BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DT. 22.04.2025)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.C.C.NO.1949/2024 PENDING CONSIDERATION ON THE FILE OF THE LEARNED ADDL. CITY CIVIL AND SESSIONS JUDGE (F.T.C.NO.III) AT BENGALURU, REGISTERED BY KONANAKUNTE POLICE CR.NO.264/2024 FOR THE OFFENCES P/U/S. 137(2), 64 OF BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTIONS 4, 5(L), 6 OF THE PROTECTION OF CHILDREN

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FROM SEXUAL OFFENCES (POCSO) ACT, 2012 AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCE OF CASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused in Spl.C.C.No.1949/2024 pending before the

Court of Addl. City Civil & Sessions Judge-FTSC-III, Bengaluru, arising out of Crime No.264/2024 registered by Konanakunte Police Station, Bengaluru City for the offences punishable under Sections 137(2) & 64 of BNS, 2023 and Sections 4, 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012 is before this Court seeking regular bail.

Heard the learned counsel for the petitioner and learned Addl. SPP appearing for respondent No.1.

Respondent No.2 who is served in the matter

has remained unrepresented before this Court.

FIR in Crime No.264/2024 was registered by Konanakunte Police Station, Bengaluru City initially for the

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offence punishable under Section 137(2) of BNS, 2023 against unknown person, on the basis of first information dated 14.07.2024 received from respondent No.2 herein who is the father of the victim girl, aged about 17 years 3 months as on the said date. During the course of investigation, the petitioner and the victim girl were traced together in the house of the petitioner and brought back to Bengaluru. The petitioner was arrested and produced before the jurisdictional Court on 24.07.2024 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences.

The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.10280/2024 was dismissed on 04.12.2024. Therefore, he is before this Court.

Perusal of the material on record would go to show that, the victim girl aged about 17 years 3 months was found missing from her house on 13.07.2024 and

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efforts made to trace her had failed. Therefore, on 14.07.2024 her father had approached the police and based on his first information, FIR in Crime No.264/2024 was initially registered against unknown person for the offence punishable under Section 137(2) of BNS, 2023. It appears that subsequently the victim girl and the petitioner were traced together in the house of the petitioner at Nayanuru Village, Kuppum Taluk, Chitoor District, Andhra Pradesh and the petitioner was arrested on 24.07.2024 and subsequently remanded to judicial custody.

The statement of the victim girl under Section 183 of BNS, 2023 was recorded before the jurisdictional Magistrate on 29.07.2024. In her statement she had stated that on 13.07.2024 when she had gone out to purchase chappal she had met the petitioner, who forcibly took her to his friend's house at Anekal in his motorbike. On the said date, she allegedly stayed with the petitioner in his friend's house at Anekal and on the next day, the

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petitioner allegedly took her to his sister's house at Hosur and they stayed together in the said house for a day. Subsequently from Hosur they traveled to Salem and stayed in the friend's house of petitioner for a period of three days, where the petitioner had sexual intercourse with the victim girl. Subsequently, they came to Anekal and stayed in petitioner's friend's house for a period of two days and thereafter at Kudlu in the house of the petitioner's friend and once again the petitioner took her to his friend's house at Anekal and when they were staying there, the police came there and brought them back to Bengaluru.

From the aforesaid it is apparent that the victim girl, who was aged about 17 years 3 months as on the date of alleged incident had traveled with the petitioner to various places from 13.07.2024 to 23.07.2024 and had stayed with him in different places.

According to prosecution the date of birth of the

victim girl is 12.04.2007. The petitioner, who has no other

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criminal antecedents is in custody from 24.07.2024. Investigation of the case is already completed and charge sheet has been filed. The prosecution in the present case has cited altogether 22 charge sheet witnesses and as on this date, case before the Trial Court is at the stage of hearing before charge. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively without expressing any opinion on the merits/demerits of the case.

10. Accordingly, the following:

ORDER

The Criminal Petition is allowed .

The petitioner is directed to be enlarged on bail in Spl.C.C.No.1949/2024 pending before the Court of Addl. City Civil & Sessions Judge-FTC-III, Bengaluru, arising out of Crime No.264/2024 registered by Konanakunte Police Station, Bengaluru City for the offences punishable under Sections 137(2) & 64 of BNS, 2023 and Sections 4, 5(L) &

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6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:

a) The petitioner shall execute a 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;

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;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) 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.

Sd /- (S VISHWAJITH SHETTY) JUDGE

NMS