Karnataka High Court
Shri. Chandan Kumar @ Chandan vs State Of Karnataka on 21 November, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:47381
CRL.P No. 10484 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10484 OF 2024
BETWEEN:
SHRI CHANDAN KUMAR @ CHANDAN
AGED ABOUT 32 YEARS
S/O SHYAM SUNDER PRASAD
RESIDING AT HOUSE NO.52
PUTTENAHALLI PALYA
J.P. NAGAR, 6TH PHASE
BENGALURU - 560 027
PERMANENT ADDRESS AT
CHATABAD, NO. 61, RAM KANALI,
DHANABAD, JHARKHAND - 827 013
BENGALURU - 560 100.
...PETITIONER
(BY SRI ABISHEK N.N, ADV.)
AND:
1. STATE OF KARNATAKA
Digitally BY PUTTENAHALLI POLICE STATION
signed by
NANDINI MS BENGALURU DISTRICT, REPRESENTED
Location: BY STATE PUBLIC PROSECUTOR
High Court of
Karnataka HIGH COURT OF KARNATAKA COMPLEX
BENGALURU - 560 001.
2. XXX
...RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR R-1;
R-2 SEVED & UNREPRESENTED)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER / ACCUSED
IN SPL.CASE NO.1325/2024 CR.NO.201/2024 DATED 07.05.2024
REGISTERED BY THE RESPONDENT PUTTENAHALLI POLICE
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NC: 2024:KHC:47381
CRL.P No. 10484 of 2024
BENGALURU UNDER THE OFFENCE P/U/S 8,9m,10 OF PREVENTION
OF CHILDREN FROM SEXUAL OFFENCES ACT AND SAME IS PENDING
BEFORE THE HONBLE COURT OF FTSC-1 ADDL.CITY CIVIL AND
SESSIONS JUDGE BENGLAURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Spl.Case.No.1325/2024 pending before the Court of Additional City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out of Crime No.201/2024 registered by Puttenahalli Police Station, Bengaluru, for the offences punishable under Sections 8, 9(m) and 10 of Protection of Children from Sexual Offences Act, 2012, is before this Court under Section 439 of Cr.P.C. seeking regular 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 Crime No.201/2024 was registered by Puttenahalli Police Station, Bengaluru, against the petitioner herein initially for the offences punishable under Sections 8 and 9(m) of -3- NC: 2024:KHC:47381 CRL.P No. 10484 of 2024 Protection of Children from Sexual Offences Act, 2012, on the basis of the first information dated 07.05.2024 received from respondent No.2, who is the mother of the victim girl aged about 8 years. During the course of investigation of the case, petitioner herein was arrested on 07.05.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.6822/2024 was rejected on 06.08.2024. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that petitioner is a person without criminal antecedents. He is in custody for the last more than seven months. Investigation in the case is completed and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP has opposed the petition. He submits that petitioner is a permanent resident of Jharkand State and in the event, he is enlarged on bail, he is likely to -4- NC: 2024:KHC:47381 CRL.P No. 10484 of 2024 flee away from justice and the chances of he threatening the charge sheet witnesses also cannot be ruled out.
6. A perusal of the first information and the charge sheet now filed in the case would go to show that petitioner was working as a security guard in the apartment complex in which first informant was living along with her family members. The allegation against the petitioner is that on 07.05.2024 at about 07.00 p.m., when the victim girl along with her friends was playing hide and seek game, petitioner asked the victim girl to hide in the electricity room in the basement of the apartment complex and thereafter, he went to the said electricity room and forcibly kissed on the lips of the victim girl two to three times. Victim girl even in her statement under Section 164 of Cr.P.C. has reiterated the allegations found against the petitioner in the first information and the charge sheet. It is not in dispute that the petitioner has no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed. He is in custody since 07.05.2024. The maximum punishment for the alleged offences is imprisonment for a period of seven years. The apprehension expressed by learned -5- NC: 2024:KHC:47381 CRL.P No. 10484 of 2024 HCGP can be taken care of by imposing appropriate conditions on the petitioner. Accordingly, the following order:-
7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.Case.No.1325/2024 pending before the Court of Additional City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out of Crime No.201/2024 registered by Puttenahalli Police Station, Bengaluru, for the offences punishable under Sections 8, 9(m) and 10 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;-6-
NC: 2024:KHC:47381 CRL.P No. 10484 of 2024
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
SD/-
(S VISHWAJITH SHETTY) JUDGE DN