Citation : 2026 Latest Caselaw 958 Kant
Judgement Date : 6 February, 2026
-1-
NC: 2026:KHC:6953
CRL.P No. 15429 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15429 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
1. AYYANAR
S/O. AARMUGAM,
AGED ABOUT 30 YEARS,
RESIDING AT 1ST CROSS,
BOOTHAPPA TEMPLE,
NEAR NAGADHEVANAHALLI,
BANGALORE - 560 056.
AND ALSO AT:
DOOR NO.59, BLOCK NO.53,
EZHIL NAGAR, VTC,
PERUMBAKKAM,
PO, KANCHEEPURAM DISTRICT,
TAMIL NADU - 600 100.
...PETITIONER
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI (BY SRI. RENUKA SWAROOP M., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. STATE OF KARNATAKA
BENGALURU,
JNANABHARATHI POLICE STATION,
(REPRESENTED BY THE
STATE PUBLIC PROSECUTOR)
2. ARUMUGAM
S/O MADAN,
AGED ABOUT 45 YEARS,
R/AT 4TH CROSS,
-2-
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CRL.P No. 15429 of 2025
HC-KAR
NEAR BHOOTHAPPA TEMPLE,
NAGADEVANAHALLI,
BANGLAORE - 560 056.
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNSS) PRAYING TO RELEASE THE ACCUSED ON BAIL
IN SPL.C.NO.508/2018 AND IN CRIME NO.151/2018 OF
JNANABHARATHI POLICE STATION FOR AN ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS CRIME
NO.151/2018 FOR AN OFFENCES PUNISHABLE UNDER
SECTIONS 366 AND 376 OF IPC AND UNDER SECTIONS 4, 5(L)
AND 6 OF POCSO ACT AND FILE CHARGE SHEET IN
SPL.CC.NO.508/2018, PENDING ON THE FILE OF ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE (FTSC-V) AT BENGALURU.
THIS PETITION COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by sole accused under Section
483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Spl.C.No.508/2018 (Crime No.151/2018 of
Jnanabharathi Police Station) pending on the file of
Additional City Civil and Sessions Judge, FTSC-V,
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Bengaluru, registered for offences punishable under
Sections 366 and 376 of Indian Penal Code and Sections
4, 5(L) and 6 of Protection of Children from Sexual
Offences Act.
2. 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.
3. Learned counsel for petitioner would contend
that, the petitioner has been granted bail by order dated
24.09.2020 passed in Criminal Petition No.4205/2020 and
he has been released on 17.10.2020. Thereafter, the
charge sheet has been filed and the petitioner did not
appear before the trial Court and NBW has been issued
against him and he has been secured on 12.03.2025 and
since then he is in judicial custody. The petitioner did not
appear before the trial Court as there was communication
gap between him and his counsel and due to his
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daughter's illness he went to Chennai and was unable to
attend the Court. The petitioner has deposited Rs.50,000/-
towards forfeited bond amount of Rs.1,00,000/-. The
petitioner undertakes to appear before the trial Court on
all dates of hearing unless exempted and cooperate for
speedy disposal of the case. With these, he prayed to
allow the petition.
4. Learned High Court Government Pleader for
respondent No.1 would contend that, due to absence of
the petitioner, the case registered against him is pending
and it caused delay in disposal of the case. With these, she
prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the materials placed on
record.
6. The petitioner was on bail as per order passed
by this Court. Thereafter the petitioner did not appear
before the trial Court and he has been secured by
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executing NBW on 12.03.2025. The petitioner is in judicial
custody since last eleven (11) months. The petitioner has
undertaken to appear before the trial Court on all dates of
hearing and abide by any conditions to be imposed by this
Court. The petitioner has deposited Rs.50,000/- towards
forfeited bond amount of Rs.1,00,000/-. The said amount
deposited by the petitioner is to be appropriated to the
State towards forfeited bond amount.
7. Considering all the above aspects, the petitioner
has made out a case for a grant of bail with conditions. In
the result, the following;
ORDER The Criminal Petition is allowed. The petitioner is
granted bail in Spl.C.No.508/2018 (Crime No.151/2018 of
Jnanabharathi Police Station) pending on the file of
Additional City Civil and Sessions Judge, FTSC-V,
Bengaluru, subject to following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees
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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.
The amount deposited by the petitioner for a sum of
Rs.50,000/- shall be appropriated to the State towards
forfeited bond amount.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 2
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