Karnataka High Court
Vishal @ Isu vs The State Of Karnataka on 8 May, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:2649
CRL.P No. 200726 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.200726 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
VISHAL @ ISU S/O MOHAN UPADHYA,
AGE: 19 YEARS, OCC: COOLIE,
R/O MANGARWADI GALLI, BAPU NAGAR,
KALABURAGI-585 103.
...PETITIONER
(BY SRI. ANNARAYA M. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally
signed by THROUGH BRAHAMPUR POLICE STATION,
RENUKA
Location: KALBURAGI,
HIGH COURT REPRESENTED BY ADDL. STATE PUBLIC
OF
KARNATAKA PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 103.
2. XXX
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1;
R2-SERVED)
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NC: 2025:KHC-K:2649
CRL.P No. 200726 of 2025
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C
(OLD), 483 OF BNSS (NEW), PRAYING TO ALLOW THIS
PETITION AND DIRECTIONS MAY BE ISSUED TO THE
RESPONDENT NO.1 / POLICE TO RELEASE THE ACCUSED NO.1
/ PETITIONER ON BAIL IN CRIME NO. 22/2025 OF BRAHAMPUR
POLICE STATION AND TO SET ASIDE THE IMPUGNED ORDER
DATED 22.04.2025 PASSED BY THE ADDITIONAL DISTRICT
AND SESSIONS JUDGE AND FTSC-I (POCSO) AT KALABURAGI
IN SPECIAL POCSO NO.114/2025, ARISING OUT OF CRIME
NO.22/2025 BEFORE THE BRAHAMPUR POLICE STATION, FOR
THE OFFENCES PUNISHABLE U/SECS. 137(2), 65(2), 49 OF
BNS, 2023 AND SEC. 4, 6 OF POCSO ACT, 2012, REJECTING
THE BAIL APPLICATION FILED BY PETITIONER HEREIN U/SEC.
483 OF BNSS, 2023.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 in Special Case (POCSO) No.114/2025 pending before the Court of Additional District and Sessions Judge and FTSC-I (POCSO), Kalaburagi, arising out of Crime No.22/2025 registered by Brahmapur Police Station, Kalaburagi for the offences punishable under Sections 137(2), 65(2) and 49 of BNS, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences -3- NC: 2025:KHC-K:2649 CRL.P No. 200726 of 2025 Act, 2012, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.
3. FIR in Crime No.22/2024 was registered by Brahmapur Police Station, Kalaburagi for the aforesaid offences against the petitioner and another based on the first information dated 27.01.2025 received from respondent No.2, who is the mother of the victim girl. During the course of investigation of the case, the petitioner herein was arrested on 29.01.2025 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him and another for the aforesaid offences. His bail application filed before the Trial Court in Special Case (POCSO) No.114/2025 was rejected on 22.04.2025. Therefore, he is before this Court.
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4. FIR in the present case is submitted by the mother of the victim girl allegedly aged about 10 years on 27.01.2025 in respect of the incident that had taken place on 23.01.2025. The allegation against the petitioner and accused No.2 is that they had taken the victim girl, who was their neighbour to a isolated place on their bicycle and the petitioner, who is arrayed as accused No.1 had forcible sexual intercourse with the victim girl and accused No.2 who had seen accused No.1 committing the said offence had returned home from the said spot. Accused No.1 allegedly thereafter left the victim girl near her house.
5. In the first information, it is stated that respondent No.2 and her husband had left the victim girl in her brother's house and on 24.01.2025, the victim girl allegedly telephoned the first informant and informed abut the alleged incident and subsequently, the first informant came to her brother's house and a complaint was lodged on 27.01.2025.
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6. The school records of the victim girl would go to show that her date of birth is 28.06.2017 and therefore, as on the date of the alleged incident, she was aged nearly 8 years. However, in the first information as well as in the statement of the victim girl recorded under Section 183 of BNS, 2023, it is stated that she is 10 years old. In her statement before the jurisdictional Magistrate, the victim girl has stated that on the alleged date of incident, the petitioner had sexual intercourse with her and thereafter left her near her house and after returning to her house, she immediately informed about the alleged incident to her mother, whereas, in the first information, a different version has been given by the first informant. The victim girl was medically examined immediately after FIR was registered in the present case and a perusal of the medical examination report of the victim girl, makes it clear that the same does not suggest of any sexual assault on her, muchless, penetrative sexual assault as alleged in the present case against accused No.1. A final opinion was sought by the prosecution after the FSL report and the -6- NC: 2025:KHC-K:2649 CRL.P No. 200726 of 2025 medical officer has given a supplementary medico legal report stating that he was of the opinion that there is no evidence of physical contact on the victim. The medical examination report of the victim girl would go to show that she had not suffered any injuries on any part of her body, muchless, on her private part. The petitioner aged about 19 years is in custody from 29.01.2025. The investigation of the case is completed and charge-sheet has been filed. Undisputedly, he has no any other criminal antecedent. Considering the aforesaid aspects of the matter, more so, the medical records of the victim girl, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without expressing any opinion on the merits of the case. Accordingly, I proceed to pass the following order:
ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.114/2025 pending before the -7- NC: 2025:KHC-K:2649 CRL.P No. 200726 of 2025 Court of Additional District and Sessions Judge and FTSC-I (POCSO), Kalaburagi, arising out of Crime No.22/2025 registered by Brahmapur Police Station, Kalaburagi for the offences punishable under Sections 137(2), 65(2) and 49 of BNS, 2023 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, 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;
d) The petitioner shall not involve in similar offences in future;-8-
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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 SRT,RSP List No.: 1 Sl No.: 34 CT: AK