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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.Vishwajith Shetty
Syed Salman S/o Late Syed Sadiq – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. details of the case and charges (Para 1 , 3 , 6) |
| 2. hearing of counsel arguments (Para 2) |
| 3. bail arguments presented by parties (Para 4 , 5) |
| 4. bail granted with conditions (Para 7) |
ORDER :
S. Vishwajith Shetty, J.
1. Accused in Crime No.41/2025 registered by Bharathi Nagar Police Station, Bengaluru, for the offences punishable under Sections 137 (2) and 64 of BNS , 2023 and Section 4 of the POCSO Act, 2012, is before this Court under Section 4 83 of BNS S, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.41/2025 was registered against unknown persons by Bharathi Nagar Police Station, Bengaluru, initially for the offence punishable under Section 137 (2) of BNS , 2023, based on the first information dated 01.05.2025 received from respondent No.2, who is the grand mother of the victim girl aged about 17 years 4 months. During the course of investigation of the case, petitioner herein was arrested on 05.05.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.4439/2025 was rejected on 11.06.2025
The accused was granted bail based on the absence of prior criminal records, the completing of investigation, and the minor's refusal for medical examination, highlighting the need to weigh individua....
Bail application – Bail can be granted where charge-sheet is filed and accuse is not required for further custodial interrogation.
The court determined that the absence of allegations against the petitioner and completion of investigation warranted bail under the POCSO and BNS Act.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
The court emphasized that bail should not be denied solely based on serious accusations, especially without substantive evidence of coercion or a criminal history.
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