Ravikumar C vs State Of Karnataka & Ors

M.G.S. Kamal, J

The petitioner/accused in Crime No.98/2025 (Spl.C No.145/2025), registered by the respondent/police for the offences punishable under Sections 64(1), 137(2), 115(2), 351(1) and (2) of BNS and Sections 4, 8, 12 of POCSO Act is before this Court seeking grant of bail.

The allegation against the petitioner is that on 6.5.2025 a complaint was filed by the victim girl alleging that she came in contact with petitioner through Mobile No.8123610581 and the victim girl/complainant used to speak to him from her father's mobile No.7872775471. They were in regular touch through phone calls and video calls. It is alleged that the petitioner had taken photographs of the complainant/victim and, by making use of the same, was pressurizing the victim girl to come to Mysuru, threatening that if she refused, he would circulate the photographs and video call recordings to her family members. Under such threat and stress, she is stated to have complied with the demand and travelled to Mysuru on 04.05.2025 by a KSRTC bus from Malavalli. Thereafter, the accused is alleged to have taken her to Srirangapatna, made her stay at Sangeetha AC room, and forcibly committed sexual assault on her. Subsequently, he dropped her near Bannur village, from where she returned to her village in an auto at about 5.30 p.m. and informed her parents about the incident. Accordingly a complaint was filed registered in Crime No.98/2025 for the offences noted above.

Learned counsel for the petitioner drawing attention of this Court to the statement of the victim recorded under Section 183 of BNSS submits that the complaint has been lodged at the instance of a earlier friend of the victim. He further contends that the medical report does not disclose any overt act. He also refers to the school certificate produced along with the charge sheet and submits that the same does not meet the requirements for determining the age of the victim. He further submits that the victim had indicated her no objection for grant of the bail. Hence, seeks for allowing the petition.

The learned High Court Government Pleader for respondent No.1/State, opposing the petition, submits that the victim was aged 16 years at the time of the incident and, therefore, her consent is immaterial in the eye of law. It is further contended that there is likelihood of the petitioner influencing the witnesses if he is enlarged on bail. Hence seeks for rejection of the bail.

The learned counsel for respondent No.2/defacto complainant, submits that the victim has no objection to the accused being granted bail. He further submits that the victim herself was present before the Trial Court and expressed her no objection for the grant of bail. On a specific query by this Court, it is also submitted that there is no force, threat, or influence of any nature exerted by the petitioner in the victim expressing her no objection to the grant of bail. The submission is placed on record.

Heard. Perused the records.

Though specific allegations in the complaint are made only against the petitioner, the statement of the victim recorded under Section 183 of the BNSS, 2023 indicates that the alleged incident took place on 04.05.2025. It further reveals that the victim's earlier friend had seen her, and it is at his instance that the FIR came to be registered two days thereafter. Relevant portion of her statement at unnumbered paragraph at page Nos.35 - 36 reads as under:

Further, the medical records do not indicate any overt act having been committed by the petitioner.

In light of the no objection expressed by the victim, who is duly represented by her counsel, this Court do not find any justification to continue the incarceration of the petitioner. The age of the petitioner is 22 years. No apprehension of the petitioner fleeing from the jurisdiction of the Court or influencing or tampering with the witnesses pointed out by the prosecution. In that view of the matter, this Court deems it appropriate to enlarge the petitioner on bail, subject to following conditions:

ORDER

(i) Criminal Petition filed under Section 483 of BNSS, 2023 is allowed.

(ii) The accused/petitioner is directed to be enlarged on bail in Crime No. 98/2025 (Spl.C No.145/2025) before the respondent/police for the offences punishable under Sections 64(1), 137(2), 115(2), 351(1) and (2) of BNS and Sections 4, 8, 12 of POCSO Act, subject to the following conditions:

a) The accused/petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one local surety for the like sum, to the satisfaction of the jurisdictional Court;

b) The accused/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 accused/petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The accused/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.

It is made clear that if any allegation is made regarding the petitioner influencing or attempting to influence any of the prosecution witnesses, this bail shall stand cancelled.