Sri Manjunath Talwar S/O Ramachandra Talwar Vs the State of Karnataka

PETITIONER AN ANTICIPATORY BAIL IN THE EVENT OF ARREST FOR AN OFFENCE PUNISHABLE U/S 76 OF BNS AND SECTION 12 POSCO ACT. PENDING BEFORE THE ADDL. DIST. AND SESSIONS JUDGE AND FTSC-I BELAGAVI IN SPL. CASE 470/2025.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Smt.Chetana S.Biraj, learned counsel for petitioner and Sri P.N.Hatti, learned High Court Government Pleader for respondent No.1 and Sri Ashok A.Naik, learned counsel for respondent No.2.

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The present petition is filed under Section 482 BNSS with the following prayer.

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“Praying to direct the Nandagad Police Station, district Belagavi in Crime No.68/2025 to release the petitioner an anticipatory bail in the event of arrest for an offence punishable u/s 76 of BNS and Section 12 POSCO Act. Pending before the Addl. Dist. and Session Judge and Ftsc-I Belagavi in Spl. Case 470/2025.”

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3. Facts of the case in nutshell are as under:

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HC-KAR

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A complaint came to be lodged with Nandagad Police Station, Bailhongal Sub-Division, Belagavi District by the victim girl, aged about 15 years, alleging the offences under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short) and Section 76 of the BNS which was registered in Crime No.68/2025 on 04.06.2025.

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Gist of the complaint averments would reveal that when the victim girl had been to her friend’s place by name Lavanya and waiting for Lavanya, who had been to attend nature call at about 11:00 p.m., the petitioner herein under the influence of liquor, misbehaved with the victim girl and tried to derobe her by pulling her T-shirt and touched the body parts resulting in insult to the victim girl.

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Police after registering the case, is investigating

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the matter.

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HC-KAR

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The attempt made by the petitioner to obtain order of anticipatory bail is turned down by the learned Special Judge. Thereafter, petitioner is before this court.

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Admittedly, the case came to be filed on 04.06.2025 and till today investigation agency is unable to trace the present petitioner. Taking note of the offence alleged against the petitioner, if the petitioner is directed to join the investigation and cooperate with the custodial investigation, ends of justice would be met.

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Taking note of these aspects of the matter and gravity of the offences alleged against the petitioner, if the petitioner is directed to appear before the Investigation Officer and undergo limited period of custodial interrogation and thereafter appear before the Court, the justice would be met and it would facilitate the trial as well.

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Hence, following order is passed.

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ORDER

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i. Petition is allowed .

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HC-KAR

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ii. Petitioner is directed to join the investigation

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by appearing before the Investigating Officer on 20.01.2026 at 10:00 a.m.

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iii. Investigation Officer is at liberty to take the petitioner to custody and complete the custodial interrogation, if any on the same day before 6:00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of ₹1,00,000/- with two sureties for the like sum to the satisfaction of the Investigation Officer.

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iv. Petitioner shall not tamper the prosecution witnesses in any manner, if any incriminatory material is elicited in the custodial interrogation, the Investigation Officer is at liberty to file supplementary charge sheet as is contemplated under Section 193 of BNSS.

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