Arul Mani A vs State Of Karnataka & Ors

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.201/2025 of Byappanahalli Police Station registered for offences punishable under Sections 8, 9(m) and 10 of Protection of Children from Sexual Offences Act and Section 351(2) of Bharatiya Nyaya Sanhita, 2023.

Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

Learned counsel for petitioner would contend that, the victim girl is the daughter of C.W.1 and C.W.3. C.W.3 is the mother of the victim girl and she was having relationship with the petitioner and residing with him in Pulakeshinagar. The victim girl was residing with her father- C.W.1 in Byappanahalli. There were quarrels between C.W.1 and C.W.3. In that regard, C.W.3 had filed a complaint against C.W.1 on 01.09.2025 and in that regard, Police have issued acknowledgment. In the said acknowledgment also, the address of C.W.3 is shown as Pulakeshinagar and address of C.W.1 is shown as Byappanahalli. As C.W.3 has filed a complaint against her husband C.W.1, on the next day itself a false complaint has been filed by using the victim girl against the petitioner with whom C.W.3 is residing. The petitioner is in judicial custody since 03.09.2025 and as the charge sheet is filed, the petitioner is not required for custodial interrogation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The maximum sentence that can be imposed for offences alleged against the petitioner is imprisonment which may extend to five (5) years. With these, she prayed to allow the petition.

Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner is harassing sexually the victim girl when she was nine (9) years old. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition.

Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

As per charge sheet, the case of the prosecution is that, the petitioner is a person in acquaintance with C.W.1 and C.W.3 and residing in their house. It is alleged that, the petitioner used to touch chest, back and waist of C.W.2 - the daughter of C.W.1 and C.W.3 when there were nobody in the house. When C.W2 questioned the petitioner why he is doing so, at that time he threatened her stating that he will take her mother and go away.

On 01.09.2025 C.W.3 - the mother of the victim girl has filed a complaint against her husband C.W.1 and an acknowledgement has been issued in that regard by the East Division Women Police Station, Shivajinagar. The present complaint is filed by C.W.1 on the next day i.e., 02.09.2025. The address of C.W.3 is shown as Pulakeshinagar and address of C.W.1 is shown as Byappanahalli in the said Police acknowledgment. The address of the petitioner/accused is also shown as Pulakeshinagar in the charge sheet. The said complaint filed by C.W.3 against C.W.1 is with regard to their matrimonial dispute and C.W.3 having illicit relation with this petitioner. It is submitted by the learned counsel for petitioner that, C.W.3 and this petitioner are residing together in Pulakeshinagar and C.W.2 - victim girl is residing with her father- C.W.1 in Byappanahalli. Considering the said aspect, whether the petitioner had committed offence alleged against him are required to be established at trial. The petitioner is in judicial custody since 03.09.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner.

Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted bail in Crime No.201/2025 of Byappanahalli Police Station, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court.

ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.