01Facts
The three applicants sought regular bail in Crime No. 265/2025, registered for offences under Sections 98, 3(5) and 64 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
¶ 2, 5The prosecution alleged that the victim, aged 17 years and 10 months at the relevant time, was repeatedly sexually exploited and sent to different persons for money.
¶ 4–5, 12–15The charge-sheet had been filed. Lakhvinder Kaur and B. Keshwan Reddy sought second bail, while Anand Kurre sought bail for the first time. B. Keshwan Reddy’s earlier application had been rejected on merits; Lakhvinder Kaur’s earlier application had been withdrawn.
¶ 2–3The victim appeared before the Court with her brother and opposed bail.
¶ 9–1002Issues
i.1. Whether the applicants should be enlarged on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, having regard to the allegations of repeated sexual exploitation of a minor and the material collected during investigation.
¶ 2, 12–16ii.2. Whether the asserted changed circumstances justified granting second bail to Lakhvinder Kaur and B. Keshwan Reddy, particularly given the prior disposal of their bail applications.
¶ 3, 13–1403Law Applied
The applications were considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for the High Court’s and Court of Session’s power to grant bail.
¶ 2The alleged offences were under Sections 98, 3(5) and 64 of the BNS and Section 6 of the POCSO Act.
¶ 2In considering bail, the Court assessed the nature and gravity of the allegations, the victim’s age, the material collected during investigation and the circumstances of each applicant; it also considered whether a substantial change in circumstances warranted a different decision on a renewed bail application.
¶ 12–16Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 183
Bharatiya Nyaya Sanhita, 2023 Section 98Section 3Section 64
Protection of Children from Sexual Offences Act, 2012 Section 6
04Reasoning
The Court considered the allegations to disclose repeated sexual exploitation of a minor over a period of time, involving several persons and locations, and relied on the victim’s statement under Section 183 of the BNSS.
¶ 12As to Lakhvinder Kaur, the victim’s reference to “Lucky,” a co-accused’s memorandum statement and call-detail records indicating communication with the applicant were sufficient, at the bail stage, to prevent the Court from disregarding the alleged connection; the evidentiary value of that material was left for trial.
¶ 13As to B. Keshwan Reddy, the victim had allegedly named him, and the Court found no substantial change in circumstances warranting departure from the earlier merits-based rejection.
¶ 14As to Anand Kurre, the specific allegation that he repeatedly took the victim in his car and had sexual relations with her, considered alongside the victim’s age and the nature of the allegations, outweighed the fact that the charge-sheet had been filed and he had been in custody.
¶ 15The Court also took account of the victim’s objection to release.
¶ 1605Holding
The Court rejected all three applications: the second bail applications of Lakhvinder Kaur @ Lucky and B. Keshwan Reddy @ Keshav, and the first bail application of Anand Kurre.
¶ 17The Court made no final determination on guilt; it left the assessment of the evidence to trial.
¶ 13Original Court PDF
B. KESHWAN REDDY @ KESHAWvsSTATE OF CHHATTISGARH
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