Mr. Avi Gupta Vs State of Karnataka

MR. AVI GUPTA S/O CHANDRA KANT AGED ABOUT 19 YEARS R/AT, 1031 PEBBLE COURT SOBHA ARENA, METRO PILLAR NO.290, KANAKAPURA ROAD, TALAGHATTAPURTA BENGALURU - 560 109.

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…PETITIONER

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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(BY SRI RAGHUNANDAN V.S, ADV.)

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AND:

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STATE OF KARNATAKA THALAGHATTAPURA POLICE STATION.

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XXX

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M, HCGP FOR R-1-STATE; SRI ANJAN DEVA NARAYANA, ADV., FOR R-2)

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THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL UNDER SECTION 483 IN CRIME NO.0036/2025 REGISTERED BY THE HALAGHATTAPURA PS FOR THE OFFENCES P/U/S. 4, 6 AND 8 OF POCSO, 2012 ON THE FILE OF HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL (FTSC-1), BENGALURU REGISTERED IN SPL.CASE NO.307/2025.

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

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NC: 2025:KHC:18485 CRL.P No. 6405 of 2025

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HC-KAR

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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. Case No.307/2025 pending before the Court of Addl. District & Sessions Judge (FTSC-1), Bengaluru Rural, arising out of Crime No.36/2025 registered by Thalaghattapura Police Station, Bengaluru City, for the offences punishable under Sections 4, 6 & 8 of the POCSO Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bal.

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Heard the learned Counsel for the parties.

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FIR in Crime No.36/2025 was registered by Thalaghattapura Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 28.01.2025 received from respondent no.2 who is the father of the victim girl aged about 16 years studying in 1^st year PUC. During the course of investigation, petitioner herein was arrested on 29.01.2025 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before

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NC: 2025:KHC:18485 CRL.P No. 6405 of 2025

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HC-KAR

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the jurisdictional Sessions Court in Crl. Misc. No.304/2025 was rejected on 11.03.2025. Therefore, he is before this Court.

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Learned Counsel for the petitioner having reiterated the

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grounds urged in the petition submits that petitioner is a student aged 19 years studying in 2^nd year PUC. He submits that petitioner is suffering from certain disabilities and in support of his submission, he has placed reliance on the letter issued by Spastics Society of Karnataka dated 19.12.2024. He submits that since the petitioner was arrested in the present case, he could not appear for his examinations that were held in the month of March/April 2025 and he is now required to appear for the supplementary examinations. He submits that the material on record would go to show that petitioner and the victim girl were acquainted to each other and they were continuously exchanging messages in instagram and also moving around together. For extraneous reasons, a false complaint has been filed against the petitioner.

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Per contra, learned HCGP and the learned Counsel for respondent no.2 who has filed his statement of objections have opposed the petition. They submit that the victim is a minor,

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NC: 2025:KHC:18485 CRL.P No. 6405 of 2025

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HC-KAR

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and therefore, the alleged offences clearly get attracted against the petitioner. They also submit that in the event the petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses and also repeat the act committed by him earlier against the victim girl. Accordingly, they pray to dismiss the petition.

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Perusal of the material on record would go to show that the victim girl was studying in 1^st year PUC and petitioner was studying in 2^nd year PUC. The allegation against the petitioner is that he had met the victim girl who was acquainted to him at Forum Mall on 22.01.2025 and had misbehaved with the victim

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girl which was opposed by her. It is further alleged that thereafter, petitioner took the victim girl in a auto rickshaw to his apartment and in the apartment, he took her to the gym area which was isolated and after removing her clothes, undressed himself and touched the private parts of the victim girl and also forced her to have oral sex with him. The victim girl allegedly escaped from the alleged spot and returned to her house and subsequently informed about the alleged incident to her father who inturn had approached the police on the next

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HC-KAR

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day and submitted a written complaint, based on which FIR was registered against the petitioner in Crime No.18/2025 by Madiwala Police Station. Subsequently, for want of jurisdiction, the FIR was transferred to Thalaghattapura Police Station and registered in Crime No.36/2025.

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During the course of investigation in the aforesaid case,

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the statement of the victim girl was recorded and from a perusal of the same, it appears that she and the petitioner are acquainted to each other and the material on record shows that they were frequently exchanging messages in their instagram account and they also have met each other prior to their meeting on 22.01.2025. The material on record would go to show that petitioner aged about 19 years is pursuing his 12^th Grade CBSE in Edify School, Kanakapura Main Road, Bengaluru. Along with the memorandum of petition, a communication issued by Spastics Society of Karnataka has been produced which would prima facie go to show that petitioner is suffering from certain disabilities, and therefore, the Spastics Society has sought to give certain concessions to the petitioner while writing his 12^th Grade examinations.

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NC: 2025:KHC:18485 CRL.P No. 6405 of 2025

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HC-KAR

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Petitioner, aged about 19 years who is suffering from certain neurological disorders, is in custody from 29.01.2025. Investigation of the case is completed and charge sheet has been already filed. The final examinations for 12^th Grade CBSE was held in the month of April 2025 and the learned Counsel for the petitioner has brought to the notice of this Court that since the petitioner was arrested in the present case, he could not appear for his examinations held in the month of April 2025. He has also made submission that supplementary examinations are likely to be held in the near soon for which the petitioner is required to appear, failing which he may loose one year in his academic career.

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Considering the aforesaid aspects of the matter and also taking into consideration that continuous detention of the petitioner in custody along with hardcore criminals is likely to have an adverse impact on his career and future aspects, I am of the opinion that without going into the merits and demerits of the case, petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

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HC-KAR

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The petition is allowed. The petitioner is directed to be enlarged on bail in Spl. Case No.307/2025 pending before the Court of Addl. District & Sessions Judge (FTSC-1), Bengaluru Rural, arising out of Crime No.36/2025 registered by Thalaghattapura Police Station, Bengaluru City, for the offences punishable under Sections 4, 6 & 8 of the POCSO Act, 2012, 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;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of

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