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2025 Supreme(Online)(Kar) 13279

KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
ANNAIAH S/O GOWRAMEEN – Appellant
Versus
STATE BY RURAL POLICE GOWRIBIDANUR – Respondent
CRIMINAL PETITION NO. 8643 OF 2025



Advocates:
For the Appellants/Petitioners: SRI RAJU C.N
For the Respondents: SRI RANGASWAMY R

The court grants the petitioner the liberty to apply for regular bail before the trial court, emphasizing timely judicial consideration.

Headnote:This petition was filed under Section 438 of the CRPC seeking anticipatory bail concerning allegations under Sections 8 and 12 of the POCSO Act and Section 329(4) of BNSS. The court noted that the petitioner was arrested and released on police bail earlier, and the trial court had denied anticipatory bail, prompting this appeal. The critical issue was whether the petitioner could be granted the opportunity to apply for regular bail in light of the circumstances surrounding the case. The court allowed the petition directing the trial court to consider the application for bail on the same day the petitioner appears.

Table of Content
1. pending criminal proceedings related to serious allegations. (Para 1 , 3)
2. counsel's arguments on behalf of the defendant. (Para 2 , 4)
3. court observations on the submissions made. (Para 5 , 6)

ORAL ORDER

1. Accused in Spl.SC.No.164/2024 pending before the Court of Addl. District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.256/2024 registered by Gowribidanur Rural Police Station, Chickballapura, for the offences punishable under Section 329(4) of BNS, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 , is before this Court under Section 482 of BNSS, 2023 , seeking anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.

3. FIR in the present case was registered against petitioner herein by Gowribidanur Rural Police Station, Chickballapura, initially for the offences punishable under Sections 8 and 12 of the POCSO Act, 2012, based on the first information dated

12.09.2024 received from the victim girl, who is the daughter of respondent No.2 herein. During the course of investigation, petitioner was initially arrested on 05.10.2024 and subsequently released on police bail. After completing investigation, charge sheet has been filed against the petitioner and case against him is now pending before the Trial Court in Spl.SC.No.164/2024. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.107/2025 before the Trial Court which was rejected on 27.03.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that petitioner was released on police bail in the present case. Since charge sheet has been filed for non-bailable offences, the petitioner apprehends arrest. Petitioner is ready and willing to appear before the Trial Court and file necessary application seeking regular bail. Considering the facts and circumstances of the case, the Trial Court may be directed to consider the said application on merits and dispose of the application on the same day.

5. Learned HCGP fairly does not oppose the said prayer made by learned counsel for the petitioner.

6. The submissions made on both sides is placed on record.

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