Back
2025 Supreme(Online)(Kar) 13769
KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
MR. RANGANATHA. H. R. – Appellant
Versus
STATE BY INSPECTOR OF POLICE – Respondent
CRIMINAL PETITION NO. 5859 OF 2025
For the Appellants/Petitioners: K V SATEESHCHANDRA
For the Respondents: RANGASWAMY R
The court granted bail due to insufficient evidence of penetrating sexual assault against the accused, prioritizing the nature of alleged offenses and prior clean record.
Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 65(1), 68
(B), 69, 87, 75, 76, 351(2) - Protection of Children from Sexual Offences Act, 2012 - Sections 6, 8, and 12 - Bail application by accused in pending case under allegations of inducing a minor to sexual misconduct; insufficient evidence from the victim for penetration crimes. (Paras 4-6)
(B) Conditions for Bail - The accused, having no prior criminal history and being in custody since arrest, demonstrated grounds for release under set conditions to ensure proper legal process ahead. (Paras 5-6)
Facts of the case:
The petitioner was charged based on a complaint alleging influence over a minor with intentions of sexual assault. Despite arrest, medical evidence and victim statements indicated no penetration occurred.
Findings of Court:
The court, considering the nature of allegations and evidence, granted bail, citing the lack of substantial proof of serious charges against the accused.
Issues: The main issues addressed include the evaluation of the victim’s statements and the presence of any penetrating sexual conduct.
Ratio Decidendi: The court determined that the evidence did not substantiate the charges of sexual penetration as defined by law and concluded a moderate approach for bail was appropriate.
Result: The petition is allowed, allowing bail under specific conditions.
| Table of Content |
|---|
| 1. details of the alleged offences and circumstances leading to arrest. (Para 1 , 4) |
| 2. arguments presented by each party concerning the bail application. (Para 2) |
| 3. discussion on evidence and implications for bail consideration. (Para 3) |
| 4. reasoning for court's decision allowing bail. (Para 6) |
ORAL ORDER
Accused in Spl.C. No.69/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I (POCSO), Shivamogga, arising out of Crime No.269/2024 registered by the Shiralakoppa Police Station, for the offences punishable under Sections 6 5 (1), 68(b), 69, 87, 75, 76, 351(2) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ) and Sections 6 , 8 and 12 of Protection of Children From Sexual Offences Act, 2013 (POCSO) is before this Court under Section under Section 483 BNNS, 2023, seeking regular bail.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State.
3. Respondent No.2 though served with notice has remained unrepresented before this Court.
4. First information report in the present case was registered by the Shiralakoppa Police Station in Crime No.269/2024 initially for the offences punishable under Sections 75 , 76, 87, 351(2) of BNS , 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 , based on the complaint dated 24.12.2024 lodged by one Bhaskar who was working as a Manager of a lodge within the jurisdiction of Shilarakoppa Police Station. In the FIR, it is mentioned that the petitioner had brought the victim girl along with him and checked into room No.111 of the lodge wherein the first informant was working. Subsequently, the first informant heard some sound from the room and when he knocked the door of the room, the victim girl who was along with the petitioner complained to him that the petitioner, by misleading her had induced her to accompany him and inside the room he misbehaved with her and attempted to sexually assault her. In this back drop, the FIR was registered against the petitioner in Crime No.269/2024. Thereafter the statement of the victim was also recorded on 25.12.2024. The petitioner herein was arrested on 24.12.2024 and since then he is in judicial custody.
5. Statement of the victim was recorded under Section
183 of BNNS, 2023, before the jurisdictional Magistrate on 5.2.2025. In the said statement, the victim girl has stated that on 24.12.2024, she had met the petitioner in a bus and he allegedly induced her to accompany him stating that he would provide her S.S.L.C question papers and thereafter he had taken her to a lodge and after checking into a room, he allegedly tried to misbehave with her and also removed her clothes, at that time she started shouting. The Manager of the lodge knocked the door of the room and the petitioner allegedly opened the room and thereafter the Manager rescued the victim girl. She had not made any allegation in the statement recorded under Section 183 of BNNS about the petitioner committing any act of Penetrative Sexual Assault on her. However, the Police based on the statement of the victim girl recorded under Section 161 Cr.P.C., have invoked offence punishable under Section 6 of POCSO against the petitioner.
6. Medical examination of the victim girl goes to show that she had no injuries on her private parts and her hymen was intact. The petitioner is aged about 52 years having no criminal antecedents and is in judicial custody since the date of the arrest. The trial in the case is yet to commence. Under these circumstances, I am of the opinion that, the petitioner has made out case for grant of regular bail. Accordingly, the following –
