AI Structured Summary
Not yet generated for this judgment
Judgment
Accused No.3 in Crime No.208/2026 registered by Thirthahalli Police Station, Shivamogga, for the offences punishable under Sections 64, 74, 77, 78, 79, 351(2) and 3(5) of BNS, 2023 and Sections 66(E) and 67 of the Information Technology Act, 2000, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.208/2026 was registered by Thirthahalli Police Station, Shivamogga, for the aforesaid offences against one Asif and others based on the first information dated 09.07.2026 received from the victim girl, aged about 18 years. During the course of investigation, petitioner was arrested on 09.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.720/2026 was rejected on 24.07.2026. Therefore, he is before this Court.
First informant is a student pursuing her second II Year B. Com. in Sharavathi First Grade College at Thirthahalli. She has alleged that accused No.1, who is known to her used to call her over mobile phone and talk to her regularly and he also used to take her outside. On 07.05.2026 at about 02.30 p.m. when she was returning home from her college, accused No.1 -Asif came in car bearing Reg.No.KA15M3226 and asked her to board the said car. He allegedly had taken her photograph in his mobile phone. After she sat in the car, he threatened to circulate her photograph if she does not cooperate with him for physical relationship and on the said date, he had forcible sexual intercourse with her and thereafter, dropped her back.
Accused No.2, who came to know about the aforesaid incident, allegedly also sought sexual favours from the victim girl and threatened her. Petitioner, who was working with accused No.1 had allegedly forwarded certain obscene messages to the victim. It is in this background, victim girl had approached the police on 09.07.2026. The allegation of committing sexual assault is found in the first information only as against accused No.1. Insofar as the petitioner is concerned, he allegedly had forwarded obscene messages to the victim girl. Except the same, there is no other allegation against him. He is in custody in the present case from 09.07.2026 onwards. Accordingly, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.208/2026 registered by Thirthahalli Police Station, Shivamogga, for the offences punishable under Sections 64, 74, 77, 78, 79, 351(2) and 3(5) of BNS, 2023 and Sections 66(E) and 67 of the Information Technology Act, 2000, subject to the following conditions:
Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
The 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.