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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.VISHWAJITH SHETTY
Parashurama P., S/o. Ramappa – Appellant
Versus
State Of Karnataka, (Through Kottur P.S. Vijayanagara), R/By Its State Public Prosecutor, High Court Of Karnataka – Respondent
ORDER :
S. VISHWAJITH SHETTY, J.
1. Accused in Spl.C.No.673 of 2025 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Ballari arising out of Crime No.96 of 2025 registered by Kottur P.S., Vijayanagara District for the offences punishable under Sections 329 (4), 78(2), 65(1) of the BNS, 2023 and Sections 4 (2) and 6 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 4 83 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS 2023) seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.96/2025 was registered by Kottur P.S., Vijayanagara District for the aforesaid offences against the petitioner herein based on the first information dated 27.04.2025 received from the victim girl aged about 15 years 7 months. During the course of investigation, petitioner was arrested on 28.04.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.673 of 2025 was rejected on 21.06.2025. Therefore, he is before this Court.
4. In the first information which is submitted
The court emphasized that bail should not be denied solely based on serious accusations, especially without substantive evidence of coercion or a criminal history.
Bail under Section 483 BNSS, 2023 may be granted when the victim attains majority, marriage is valid, and the accused has no criminal antecedents with prolonged custody exceeding five months.
Bail application – Bail can be granted where charge-sheet is filed and accuse is not required for further custodial interrogation.
The court may grant bail even in serious allegations if the peculiar facts and circumstances of the case justify such a decision.
The court determined that the absence of allegations against the petitioner and completion of investigation warranted bail under the POCSO and BNS Act.
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....
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