Santosh Mallur Nagraj @ Santosh vs State By Jeevan Bheema Nagar Police Station

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1393

SUPREME COURT OF INDIA
J.K. MAHESHWARI AND ARAVIND KUMAR, JJ.
Santosh Mallur Nagraj @ Santosh – Appellant
Versus
The State By Jeevan Bheema Nagar Police Station And Another – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 12499 of 2024 [Arising out of impugned final judgment and order dated 03-06-2024 in CRP No. 2099/2024 passed by the High Court of Karnataka at Bengaluru]
Decided on : 17-01-2025

Headnote:(A) Indian Penal Code, 1860 - Section 376 - Protection of Children from Sexual Offences Act, 2012 - Sections 6, 8 and 12 - Petition for bail after rejection by High Court - Petitioner was in custody since 16.01.2024 for a serious offense - Trial yet to commence, but investigation complete - Court deemed it appropriate to allow bail, subject to conditions. (Para 2)

(B) Bail - The court decided on releasing the petitioner on bail considering the completion of investigation and the medical condition of the petitioner during the interim period. The court emphasized that the trial court retains discretion over the terms and can impose necessary conditions. (Para 2)

Facts of the case:
The petitioner, charged with a serious offense under IPC and POCSO Act, sought bail after his application was rejected by the High Court. The investigation was complete at the time of the order, and the trial was pending.

Findings of Court:
The court granted bail, underlining the importance of medical grounds and the stage of the trial.

Issues: The essential issues were the appropriateness of granting bail in light of serious charges and the state of trial proceedings.

Ratio Decidendi: The court ruled that bail can be granted when the investigation is complete and the trial is yet to begin, being mindful of individual circumstances such as health.

Result: Special leave petition allowed.

Table of Content
1. petitioner in custody for serious charges. (Para 1)
2. bail granted based on circumstances. (Para 2)
3. special leave petition allowed. (Para 4 , 5)

ORDER :

1. Against rejection of regular bail by the High Court and to seek bail, the present special leave petition has been filed. The petitioner is in custody w.e.f. 16.01.2024 in connection with FIR No 20 dated 16.01.2024 for the offence punishable under Section 376 of the INDIAN PENAL CODE , 1860 read with Sections 6 , 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 registered with Jeevan Bheemanagar Police Station, Bangalore City Circle.

2. As per order dated 20.12.2024, the petitioner was released on interim bail for a period of three weeks on account of his medical condition. As stated before us, on lapse of that period, the petitioner has surrendered on 16.01.2025. After hearing learned counsel for the parties and in the facts and circumstances of the present case where the investigation has been completed and the trial is yet to commence, subject to final outcome of the case, without expressing any opinion on the merits of the case, we deem it appropriate to release the petitioner on bail on furnishing the suitable bail bonds and sureties and on such other terms and conditions as may be deemed fit by the trial Court.

3 . Petitioner to abide all the conditions as imposed and shall regularly attend the trial until exempted by the Court. Violation, if any, may give a cause to take recourse as permissible and the trial Court is at liberty to do the needful.

4. Accordingly and in view of the foregoing, the special leave petition stands allowed.

5. Pending application(s), if any, shall stand disposed of.

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