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2025 Supreme(Online)(KAR) 12417

KARNATAKA HIGH COURT
SURAJ GOVINDARAJ J
SRI. ANIL KUMAR ALIAS ANIL – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 5451 / 2025



Advocates:
For the Appellants/Petitioners: SRI. DEEPAK M.
For the Respondents: SMT. N. ANITHA GIRISH

The court granted bail noting that custodial interrogation was unnecessary due to the nature of the relationship between the petitioner and the victim.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 109, 115(2), 118(1), 118(2) - Protection of Children from Sexual Offences Act, 2012 - Sections 11(iv), 12 - Bail application - Petitioner sought bail in connection with Special Case No. 206/2025 for offences under BNS and POCSO Act - Relationship between petitioner and victim prior to complaint - Court deemed custodial interrogation unnecessary based on the circumstances. (Paras 1-4)

(B) Bail - Conditions imposed included execution of personal bond, regular appearance before the court, and non-interference with prosecution witnesses. (Paras 5)

Table of Content
1. petitioner sought bail in relation to offences under bns and pocso act. (Para 1 , 2)
2. the court found custodial interrogation unnecessary based on the relationship. (Para 3 , 4)
3. conditions for bail were outlined to ensure compliance. (Para 5)

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

“Allow this petition and order to release of the petition on Bail in Special Case No. 206/2025 arising out of Crime No.490/2024 registered by the Annapoorneshwari Nagara Police Station for offences alleged to be punishable under Sections 109 , 115(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita , 2023, along with Sections 11(iv) and 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012, pending before the Hon’ble Fast Track Special Court-1, Additional City Civil and Sessions Judge, Bengaluru, in the ends of justice and equity.”

2. The proceedings have been initiated against the petitioner in Special case No.206/2025 arising out of Crime No.490/2024 registered by Annapoorneshwari Nagara Police station, for the offences punishable under Sections 109 , 115(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita , 2023 (for short 'BNS') and Sections 11(iv) and 12 of the Protection of Children from Sexual Offences, Act 2012.

3. Notice was issued for the victim-respondent No.2. Despite service of notice, there has been no appearance on part of respondent.

4. A perusal of the complaint would indicate that the petitioner and respondent No.2, were living in a relationship for nearly a year, and it is only thereafter that the complaint came to be filed. In that view of the matter, I am of the considered opinion that the petitioner is not required for any custodial interrogation since most of the aspects have been already admitted by both the parties.

5. In that view of the matter, I pass the following:

ORDER

i. Criminal petition is allowed.

ii. The petitioner shall be released on bail in connection with Special case No.206/2025 arising out of Crime No.490/2024 registered by Annapoorneshwari Nagara Police station, for the offences punishable under Sections 109 , 115(2), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita , 2023 (for short 'BNS') and Sections 11(iv) and 12 of the Protection of Children from Sexual Offences, Act 2012, subject to the following conditions:

i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with surety for the likesum to the satisfaction of the jurisdictional court.

ii. The petitioner shall appear before the Committal Court on every date of hearing.

iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings.

iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner.

v. The petitioner shall not leave the jurisdiction of the trial court without prior permission, till the case registered is disposed of.

vi. The petitioner shall furnish a list of movable and immovable property held by him to the said Court.

vii. The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID(if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial.

(SURAJ GOVINDARAJ)

JUDGE BH, List No.: 3 Sl No.: 44

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