Sri. Ramachandrappa Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME.No.291/2025 REGISTERED BY BAGEPALLI P.S., FOR OFFENCE PUNISHABLE UNDER SECTIONS 137(2) OF BNS, UNDER SECTIONS 8 AND 12 OF PROTECTION OF WOMEN FROM SEXUAL OFFENCES ACT, 2012.

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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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under

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Section 482 of BNSS praying to grant anticipatory bail in

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crime No. 291/2025 of Bagepalli Police Station registered for offence under Section 137(2) of BNS and Sections 8 and 12 of POCSO Act.

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Heard learned counsel for petitioner, learned Additional SPP for respondent No. 1 and respondent No. 2 who is present before the Court.

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Respondent No. 2 prays not to grant

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anticipatory bail to the petitioner.

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HC-KAR

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Learned counsel for petitioner would contend that father of the victim girl and the petitioner are of the same village and they belong to different castes. The offence alleged against the petitioner is not punishable with either death of imprisonment for life. The victim girl used to travel in the jeep of the petitioner on every day to attend her school. The allegation of sexual harassment made in the complaint is false. Jeep of the petitioner has been seized by the Investigating Officer and mahazar contains petitioner’s signature. Petitioner has cooperated for investigation. The fact that petitioner had not been arrested itself indicate that averments of the complaint are not correct. The complaint is politically motivated. With this he prayed to allow the petition.

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Per contra learned Additional SPP would contend that petitioner, 10 days prior to the complaint, took the victim girl in his Bolero vehicle, gave her a chocolate, held her hand, hugged and kissed her. She had not intimated the same to anybody. On the day of incident

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HC-KAR

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petitioner took the victim girl in his Bolero vehicle in order

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to drop her to the school. At that time father of the petitioner came there and on seeing him victim girl got down from the vehicle and accused person went away in the vehicle. The victim girl is aged 15 years studying in 10^th standard. Investigation is in progress. Bolero vehicle of the petitioner has been seized. Petitioner is required for custodial interrogation. With this he prayed to reject the petition.

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Having heard learned counsel for the parties the Court has perused FIR, complaint and other materials placed on record.

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As per FIR the alleged incident of sexual assault had taken place 10 days prior to the date of complaint. The victim girl is aged 15 years and is studying in 10^th standard. The alleged incident has taken place in Bolero vehicle of the petitioner. Said vehicle has been seized by the Investigating Officer under mahazar, which is stated to bear the signature of the petitioner. Considering said

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HC-KAR

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aspect it is clear that the petitioner has cooperated for investigation.

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The offence alleged against the petitioner are under Sections 8 and 12 of POCSO Act and out of them, offence under Section 8 is provided with sentence which shall not be less than 3 years and which may extend to 5 years and offence under Section 12 is provided with punishment which may extend to 3 years. Therefore, the maximum sentence that can be imposed for offence alleged against the petitioner is 5 years.

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Learned Additional SPP submits that the victim girl has been medically examined and her statement is also recorded under Section 183 of the BNS. Considering the same major portion of the investigation is over and therefore petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner.

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HC-KAR

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Considering the above aspects petitioner has

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made out case for grant of anticipatory bail with conditions.

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In the result the following;

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O R D E R

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Petition is allowed. Petitioner is ordered to be

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released on bail in the event of his arrest in Crime No. 291/2025 of Bagepalli Police Station subject to following conditions.

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I. Petitioner shall voluntarily appear before the Investigating Officer/jurisdictional Court within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Investigating Officer/jurisdictional Court.

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