Arjun Singh Vs State by Women Police Station — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Arjun Singh Vs State by Women Police Station — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on regular bail in Spl.C.No.351/2022 (Crime No.63/2022, Tumakuru Women Police Station) subject to conditions: personal bond of Rs.1,00,000 with two sureties for the likesum (one surety local); regular appearance before the Trial Court; no direct or indirect threatening or tampering with prosecution witnesses; not to leave the Trial Court's jurisdiction without permission until disposal of the case.

Issue for consideration

Whether the petitioner, accused in Spl.C.No.351/2022 arising out of Crime No.63/2022 of Tumakuru Women Police Station, is entitled to regular bail under Section 439 Cr.P.C. +1 more

Court's answer

The prayer for grant of regular bail is answered affirmatively; the Criminal Petition is allowed and the petitioner is enlarged on bail in Spl.C.No.351/2022 subject to specified conditions.

Ratio / Principle

Since material charge sheet witnesses have already been examined before the Trial Court, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses.

Key takeaways

The petitioner, having no criminal antecedents and being in custody for more than three years, merited release on regular bail.ratio¶39

Detailed headnote1 paragraphs

Bail – Regular bail under Section 439 Cr.P.C. – Accused in Spl.C.No.351/2022 (Addl. District & Sessions Judge FTSC-1, Tumakuru) arising out of Crime No.63/2022 of Tumakuru Women Police Station for offences under Sections 363 & 376 IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 – Petitioner arrested 06.06.2022, in custody for over three years with no criminal antecedents – Charge sheet filed; victim girl examined as PW.1 and informant (father) as PW.2 – Submission that PWs.1 and 2 completely turned hostile not seriously disputed by HCGP – Material charge-sheet witnesses already examined, hence no apprehension of tampering – Earlier bail application in Crl.Misc.No.483/2025 dismissed on 19.04.2025 – Criminal Petition allowed; accused enlarged on bail subject to conditions including personal bond of Rs.1,00,000 with two sureties (one local), regular appearance, no tampering, and no leaving Trial Court jurisdiction without permission.

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NC: 2025:KHC:24743 CRL.P No. 7989 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION NO. 7989 OF 2025

BETWEEN:

ARJUN SINGH S/O BHACUU SINGH AGED ABOUT 21 YEARS R/O KOTITOPU CIRCLE NEAR CHURCH CIRCLE TUMAKURU TOWN PERMANENTLY R/AT NANGALA POPSINGH SINGH VILLAGE, PATHEHABAD TALUK, AGRA DISTRICT UTTER PRADESH - 282 001.

…PETITIONER

(BY SRI HARISH GOWDA K.M, ADV., FOR SRI RAGHAVENDRA A.S, ADV.)

AND:

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

STATE BY WOMEN POLICE STATION TUMAKURU TOWN, TUMAKURU REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

XXX

…RESPONDENTS

(BY SMT. RASHMI PATEL, HCGP FOR R-1; NOTICE TO R-2 H/S V/O DTD:08.07.2025)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE BAIL TO PETITIONER IN CR.NO.63/2022 OF WOMEN POLICE TUMAKURU SPL.C NO.351/2022 ON THE FILE OF THIS ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-1), TUMAKURU FOR THE O/P/U/S 9, 1860 U/S 363,376 OF BNS, 2023 AND SECTION

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6 OF POCSO ACT, 2012 SECTION 9 OF THE CHILD MARRIAGE RESTRAINT ACT.

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.No.351/2022 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Tumakuru, arising out of Crime No.63/2022 registered by Tumakuru Women Police Station, Tumakuru District for the offences punishable under Sections 363 & 376 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court under Section 439 of Cr.P.C, seeking regular bail.

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

Respondent No.2 who is served in the matter has remained unrepresented before this Court.

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FIR in Crime No.63/2022 was registered by Tumakuru Women Police Station, Tumakuru District against unknown person initially for the offence punishable under Section 363 of IPC, on the basis of first information dated 28.05.2022 received from respondent No.2 herein, who is the father of the victim girl. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested and produced before the jurisdictional Court on 06.06.2022 and subsequently 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.483/2025 was dismissed on 19.04.2025. Therefore, he is before this Court.

Perusal of the material on record would go to show that, FIR in the present case was registered against unknown persons. During the course of investigation, the

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petitioner and the victim girl were traced. The petitioner, who was arrested on 06.06.2022 was subsequently remanded to judicial custody. After completing investigation, charge sheet is filed against the petitioner. Before the Trial Court, the victim girl has been examined as PW.1 and the first informant, who is the father of the victim girl has been examined as PW.2.

The submission made by the learned counsel for the petitioner that PWs.1 and 2 have completely turned hostile to the case of the prosecution is not seriously disputed by the learned HCGP. Be that as it may, the fact remains that material charge sheet witnesses have been already examined before the Trial Court. Therefore, there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. The petitioner having no criminal antecedents is in custody for the last more than three years.

Considering the aforesaid aspects of the matter,

I am of the opinion that the prayer made by the petitioner

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for grant of regular bail is required to be answered affirmatively.

Accordingly, the following:

ORDER

The Criminal Petition is allowed .

The petitioner is directed to be enlarged on bail in Spl.C.No.351/2022 pending before the Court of Addl. District & Sessions Judge-FTSC-1, Tumakuru, arising out of Crime No.63/2022 registered by Tumakuru Women Police Station, Tumakuru District for the offence punishable under Sections 363 & 376 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, (out of which one surety shall be local

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surety) 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