Karnataka High Court
Shri V Ganesh vs State Of Karnataka on 10 April, 2026
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CRL.P No.12400/2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CRIMINAL PETITION NO.12400/2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SHRI. V. GANESH
S/O VENKATESH
AGED ABOUT 26 YEARS
R/AT. KODIKONDA VILLAGE
Digitally signed CHILAMATHUR MANDAL
by RUPA V SRI SATHYA SAI DISTRICT
STATE OF ANDHRA PRADESH.
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA
(BY SRI. JAGADISH J.R. ADV.,)
AND:
1. STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR
ALL WOMEN POLICE STATION
DISTRICT CHIKKABALLAPURA
BY GOVERNMENT ADVOCATE
HIGH COURT OF KARNATAKA
BENGALURU-560001.
2. SMT. PADMA .K
W/O RAVI KUMAR
AGED ABOUT 41 YEARS
R/A NO.84, MEENA KUNTE
DODDAJALA POST
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BENGALURU NORTH TALUK
BENGALURU DISTRICT-562157.
...RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1
R2 SERVED AND UNREPRESENTED)
---
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.5/2024 OF THE RESPONDENT CHIKKABALLAPURA
WOMEN P.S. FOR THE OFFENCE P/U/S. 114, 324, 504, 366(A),
370(A), 370 A(1), 370 A (2), 376 (3) OF IPC, AND SEC. 4(2),
6, 17, 21 OF PROTECTION OF CHILDREN FROM SEXUAL
OFFENCES ACT 2012; SEC. 75 OF JUVENILE JUSTICE (CARE
AND PROTECTION OF CHILDREN) ACT 2015; SEC 3(1)(w), 3(2)
(v) OF THE SC AND ST (PREVENTION OF ATROCITIES)
AMENDMENT ACT 2015; SEC.4, 5 OF THE IMMORAL TRAFFIC
PREVENTION ACT, 1956, PENDING BEFORE THE ADDL.
SESSIONS JUDGE, FAST TRACK SPECIAL COURT -1 (POCSO),
AT CHIKKABALLAPURA SPL.SC. (POCSO) NO.63 OF 2024.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
08.04.2026, COMING ON FOR PRONOUNCEMENT OF ORDER,
THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CAV JUDGMENT
This criminal petition is filed under Section 439 of the
Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’),
by the accused No.4 in Crime No.5/2024 registered by the
Chikkaballapura Women’s police station seeking to enlarge
the petitioner-accused No.4 on bail.
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2. Sri.Jagadish J.R., learned counsel for the
petitioner submits that the petitioner is an innocent person
and a resident of Andhra Pradesh. He has no connection
with the family of the victim and has been falsely
implicated in the case. It is submitted that the FIR and
the charge sheet material do not indicate that the accused
No.4 has committed the alleged offence. It is further
submitted that there is delay in lodging the complaint and
no reason is assigned for such enormous delay. It is also
submitted that the story of the victim is self-contradictory,
imaginary and spread over many months and the accused
No.4 is in custody for more than 2 years and the trial has
not yet commenced. Hence, he seeks to enlarge the
petitioner on bail.
3. Per contra, learned High Court Government
Pleader appearing for the State opposes the petition by
contending that the accused No.4 has a vital role in the
commission of crime and the charge sheet material prima
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facie indicates the commission of crime by the accused
No.4. It is submitted that the alleged offences are heinous
in nature and the victim being a minor, the accused No.4
is likely to commit similar offence on the victim. It is
further submitted that the petitioner-accused No.4 is from
the State of Andhra Pradesh and if the bail is granted,
there is a likelihood that the petitioner may abscond.
Hence, he seeks to dismiss the writ petition.
4. I have heard the learned counsel for the
petitioner, the learned High Court Government Pleader for
the State and meticulously perused the material available
on record including the charge sheet material.
5. The respondent No.1 registered Crime
No.5/2024 against Shivakumar and others for the offences
punishable under Sections 114, 324, 504, 366A, 370,
370A, 370A(1), 370A(2), 376(2)(n), 376(3), 376(DA) of
the Indian Penal Code, 1860, the offences punishable
under Sections 4(2), 6, 17 and 21 of the Protection of
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Children from Sexual Offences Act, 2012, the offences
punishable under Section 75 of Juvenile Justice (Care and
Protection of Children) Act, 2015, the offences punishable
under Sections 3(1)(w) and 3(2)(v) of the Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Act,
2015 and the offences punishable under Sections 4 and 5
of the Immoral Traffic Prevention Act, 1956. The
petitioner herein was arrayed as accused No.4.
6. The case of the prosecution is that the
respondent No.2 who is the aunt of the victim, filed a
written complaint. The charge sheet material indicates
that on 22.01.2024, the victim who was aged about 14
years came crying to the home of the respondent No.2
and informed that the mother of the victim and the
petitioner are residing in a rented house at Bengaluru
wherein the accused No.1 used to visit. It is stated that
the accused No.4 used to insist the victim to accompany
the accused Nos.1 and 2, for which the victim used to
refuse and the accused No.4 used to beat her with a belt
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and the mother of the victim i.e. accused No.5 used to
support the accused No.4 and other accused. It is made
out that the accused Nos.1 and 2 took the victim to a
lodge situated near the Chikkaballapura Post Office and
the accused Nos.1 and 2 committed sexual intercourse on
the victim despite resistance and thereafter, the victim
was left to her house and the mother of the victim has
received money from the accused Nos.1 and 2. The
charge sheet material also indicates that the commission
of sexual intercourse on the victim on different occasions
by the accused persons, was at the instance of the
accused No.4.
7. The jurisdictional police have recorded the
statement of the victim under Section 161 of the Cr.P.C.
on 25.01.2024 and also recorded the statement under
Section 164 of the Cr.P.C. before the learned Magistrate. I
have perused the statements recorded before the police as
well as the learned Magistrate. The statement of the
victim clearly implicates the accused No.4 for commission
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of the crime as stated in the charge sheet. The medical
records of the victim also clearly demonstrate that the
victim is a minor and there was sexual intercourse by
accused at the instance of accused No.4. The charge
sheet material and other material on record prima facie
makes out a case against the accused No.4 for the
commission of crime and the offences alleged are serious
in nature, punishable with imprisonment for life. It is also
to be noticed that the petitioner-accused No.4 is a resident
of Andhra Pradesh and it would be difficult for securing his
presence for the purpose of trial if he is enlarged on bail.
Insofar as granting of bail to the accused No.6 by this
Court is concerned, the same is on the basis of considering
the victim’s statement. In the case on hand, the victim
has clearly stated before the police as well as the learned
Magistrate about the involvement of the accused No.4 in
the commission of crime. Hence, on the ground of parity,
the petitioner cannot be enlarged on bail.
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8. The charge sheet material prima facie makes
out a ground to believe that the accused No.4 has
committed the offence and considering the nature, gravity
of the offence and severity of the punishment for the
charged offence, I am of the considered view that it is not
a fit case to enlarge the accused No.4 on bail. It is
already recorded supra that the accused No.4 is likely to
flee away from the jurisdictional Court as he is a resident
of Andhra Pradesh if he is enlarged on bail. Admittedly,
the victim is aged about 14 years and there is a likelihood
that the accused No.4 may yield pressure on the victim to
depose falsely before the Court if he is enlarged on bail.
9. The prosecution is required to examine 47
witnesses and still the trial is not commenced.
Considering Section 35(2) of the POCSO Act, the Trial
Court is directed to conclude the trial as early as possible
without any further delay.
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10. For the aforementioned reasons, the present
petition is devoid of merit and the same is accordingly
rejected.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
List No.: 3 Sl No.: 1