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2026 Supreme(Online)(Kar) 28036

THE HIGH COURT OF KARNATAKA
S Vishwajith Shetty, J
Raju – Appellant
Versus
State Of Karnataka – Respondent
CRL.P No. 5053 of 2025



Advocates:
For the Appellants/Petitioners: Vinay Shreyas K.V.
For the Respondents: Lakshman

Regular bail will not be granted when the trial has already concluded and the case is pending at the stage of final arguments.

Headnote:The petitioner sought regular bail under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning alleged offences under S. 376 of the Indian Penal Code and Ss. 4 and 6 of the POCSO Act, 2012. The prosecution alleged that the petitioner sexually assaulted a minor child. Upon review, it was noted that the investigation was complete, the charge sheet had been filed, and evidence had been heard during the trial. The core issue was whether the petitioner should be enlarged on bail given the advanced stage of the proceedings. The court observed that since the trial had already concluded and the matter was pending final arguments, the request for regular bail was not maintainable at this juncture. The petition is dismissed.

Table of Content
1. overview of the background, charges, and procedural history of the bail application. (Para 1 , 2 , 3 , 4 , 5)
2. bail is refused when the trial is nearly complete and awaiting final arguments. (Para 6 , 7)

THIS CRL.P IS FILED U/S. 483 BNSS (SECTION 439 OF CR.P.C.), PRAYING TO PASS AN ORDER ENLARGING THE PETITIONER ON BAIL IN CRIME NO.170/2023 SATHNUR POLICE STATION REGISTERED BY THE RESPONDENT NO.1/POLICE FOR THE OFFENCE P/U/S. 376 OF THE IPC AND U/S. 4 AND 6 OF THE POCSO ACT, 2012 PENDING BEFORE THE I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused in S.C.No.11/2024 pending before the Court of I Additional District and Sessions Judge, Ramanagara, arising out of Crime No.170/2023 registered by Sathanoor Police Station, Ramanagara, for the offences punishable under Section 376 of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short), is before this Court in this criminal petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1/State. Respondent No.2 has remained unrepresented before this Court.

3. FIR in Crime No. 170/2023 was registered by Sathanoor Police Station for the aforesaid offences against the petitioner herein based on the first information dated 30.10.2023 received from respondent No.2 who is the father of victim girl who was aged about 6 years 8 months as on the date of incident.

4. During the course of investigation, petitioner herein was arrested on 31.10.2023 and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application of the petitioner filed before the trial Court in Crl.Misc. No. 1042/2024 was rejected on 21.12.2024. Therefore, he is before this Court.

5. The allegation against the petitioner in the first information is that on 30.10.2023, he allegedly had made the victim girl to sleep on the floor and thereafter he had slept on her and had touched her private part and also tried to insert his finger inside the private part of the victim girl. It is further alleged that petitioner also tried to insert his private part into the private part of the victim girl, as a result of which, victim girl suffered some injuries on her private part.

6. During the course of trial, the victim girl and other material witnesses have been examined. It is brought to the notice of this Court that the trial in the case is already completed and the case is now at the stage of addressing final arguments. Therefore, at this stage, petitioner's prayer for grant of regular bail cannot be granted.

7. Accordingly, the following:

ORDER

The petition is dismissed. The trial Court is requested to dispose of the main matter on merits as expeditiously as possible, but not later than a period of 2 months from the date of receipt of certified copy of this order.

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