Subramani, S/o. Venkateshappa v. State Of Karnataka, By Dibburahalli Police Station, Represented By SPP, High Court Of Karnataka
2026-01-07
G.BASAVARAJA
body2026
DigiLaw.ai
JUDGMENT : G. BASAVARAJA, J. The appellant/accused No.2 - Subramani has preferred this appeal against the order passed by the Additional District and Sessions Judge, FTSC-I (FOCSO), Chikkaballapura in Crl.Misc.No.433/2025 dated 06.09.2025. 2. The brief facts leading to this appeal are that on the basis of the complaint filed by Chikkaramappa, Dibburalli Police have registered the case in Crime No.105/2025 against the unknown accused. During the course of investigation, accused No.2 was arrested by the concerned police and charge sheet is also submitted by the Investigating Officer against accused Nos.1 and 2 for the offences punishable under Sections 64(2)(m), 351(2), 329(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 5(1), 5(j)(ii) and 6 of POCSO Act and Sections 3(1)(w) and 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. 3. The appellant had filed an application under Section 483 of Bharathiya Nagarika Suraksha Sanhitha 2023. The same came to be rejected on 06.09.2025. Being aggrieved by this order, the appellant had preferred this appeal. 4. Learned counsel for the appellant would submit that the appellant is innocent and has not committed any offence as alleged against him. The appellant is falsely implicated in this case at the instance of the persons who are inimically disposed towards the appellant. As per the version of the complainant, the incident took place on 01.10.2024 and the complainant lodged the complaint on 14.05.2025. There is an enormous delay in filing this compliant, for which, no proper explanation has been put forth. The appellant is absolutely stranger to the alleged incident. There is a property dispute between the mother of the victim and the petitioner. For that, as a counterblast, the victim mother has advised the victim to register the false complaint against the appellant. The FIR itself is doubtful. The statement of witnesses recorded by the respondent-police are not trustworthy, the witnesses are found contradictory with the First Information Report and these coupled with many other laches, made the entire version doubtful. The entire investigation is tainted, the statements of witnesses are not convincing and the presence of the witnesses at the venue is very much doubtful. The appellant is ready to abide by the conditions that may be imposed by this Court. On all these grounds, sought for allowing this appeal. 5. Sri.
The entire investigation is tainted, the statements of witnesses are not convincing and the presence of the witnesses at the venue is very much doubtful. The appellant is ready to abide by the conditions that may be imposed by this Court. On all these grounds, sought for allowing this appeal. 5. Sri. Lakshman B., learned HCGP for respondent No.1-State and Sri.Poojappa J., learned counsel appearing for respondent No.2 would submit that the trial Court has properly appreciated the materials on record and absolutely there are no materials to interfere with the impugned order passed by the trial Court and sought for dismissal of this appeal. 6. I have carefully examined the materials placed before this Court. After thorough investigation, Investigating Officer has submitted the charge sheet against the accused for the offences punishable under Sections 64(2)(m), 351(2), 329(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 5(1), 5(j)(ii) and 6 of POCSO Act and Sections 3(1)(w) and 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. 7. In paragraph Nos.9 to 12 of the impugned order, the trial Court has observed as under: 09. The records placed before the court shows that, FIR has been registered in Crime No. 105/2025 of Dibburahalli Police Station on completion of investigation I.O submitted Charge Sheet for the offence punishable under Sec. 64[2][m], 351[2], 329[4] of BNS, Section 5[1], 5[j][i], 6 of POCSO Act and Section 3[I][w], 3[2][V] of Schedule Caste and Schedule Tribes [Prevention of Atrocities] Act. 10. The petitioner claims that, he is in judicial custody from 20-05-2025 to till date. On completion of investigation I.O submitted charge sheet against him. He never committed any offence as alleged against him. There is no nexus between him and the incident. The victim girl is not known to him. False case has been registered against him, only for reason that he is from the village of the victim girl. 11. The records placed before the court shows that the date of birth of the victim girl is 12-12-2007. As on the date of the alleged incident the victim girl was aged about 17 years 5 months. The medical records placed before the court shows the gravity of the offence and severity of the sexual assault undergone by the victim girl and health complications suffered by her during her pregnancy due to the act of the accused.
As on the date of the alleged incident the victim girl was aged about 17 years 5 months. The medical records placed before the court shows the gravity of the offence and severity of the sexual assault undergone by the victim girl and health complications suffered by her during her pregnancy due to the act of the accused. The statement of the victim girl has been recorded during the course of investigation. The entire medical records placed before the court has to be taken into consideration along with the statement of the victim girl to asses the gravity of offence and magnitude of the sexual violence undergone by the victim girl. The statement of the victim girl also refers to the involvement of the petitioner in the commission of the offence along with another person. The victim girl in her statement specifically referred the name of the petitioner of this petition and also referred the overt act attributed by him. The victim girl in her statement clearly stated that, the petitioner of this case had sexual intercourse with her putting her under threat stating that he will disclose her relationship with Dhananjaya before her father, if she fails to co-operate with him. The statement of the victim girl if appreciated in totality, it shows that the petitioner of this case on coming to know about the affair of the victim girl with Dhananjaya, he misused the victim girl putting her under threat and committed sexual assault on her. 12. I.O. on completion of Investigation Charge sheeted the petitioner of this case and another person Mr. Dhananjaya Kumar. The statement of the victim girl, investigation papers, medical records needs to be taken into consideration to a certain the gravity of the offence and magnitude of the violence under gone by the victim girl. Since investigation has been completed. the possibility of the petitioner influencing the witnesses cannot be ruled out. Trial is yet to be fixed. Father of the victim girl appeared before the court and opposed the bail application submitting that, his daughter suffered injustice and sought for the dismissal of the bail application. The facts and circumstances of the case on hand shows that, the petitioner subjected the victim girl for sexual violence and putting her under threat.
Trial is yet to be fixed. Father of the victim girl appeared before the court and opposed the bail application submitting that, his daughter suffered injustice and sought for the dismissal of the bail application. The facts and circumstances of the case on hand shows that, the petitioner subjected the victim girl for sexual violence and putting her under threat. Considering the attitude of the petitioner and the manner in which he utilized the opportunity to commit offence, the apprehension of the prosecution that the petitioner may threaten the witnesses cannot be ruled out. Under such circumstances if the petitioner is enlarged on bail again he may indulge in influencing the witnesses. Since the investigation has already been completed, much time will not consume for recording the evidence of the victim girl and other material witnesses. Considering the facts and circumstance of the case on hand, I am of the opinion that the petitioner is not entitled for bail till the completion of evidence of all material witnesses of this case. Hence, from all these discussion I proceed to answer point No.1 in the Negative. 8. On re-examination/re-appreciation of the entire materials on record, I do not find any legal or factual error in the impugned order passed by the trial Court. Hence, I proceed to pass the following: ORDER The appeal is dismissed.