ARUL MANI A. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by sole accused under Sec. 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 Ss. 8, 9(m) and 10 of Protection of Children from Sexual Offences Act and Sec. 351(2) of Bharatiya Nyaya Sanhita, 2023.

(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 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 1/9/2025 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 3/9/2025 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.