- 1 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1742 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: AMBARESH S/O MAREPPA BABAGOL, AGED ABOUT 23 YEARS, PRESENTLY RESIDING AT S.V.S SCHOOL NEAR, 15TH CROSS, MARUTHI NAGARA, KENGERI, BENGALURU-560 060. PERMANENTLY RESIDING AT NARIBOLE VILLAGE, JEWARGI TEHSIL, GULBARGA -585 310. …PETITIONER (BY SRI. GIRISH R., ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 AND: 1. STATE OF KARNATAKA BY KENGERI PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. SRI HUSENAPPA S/O BHIMASAPPA, AGED ABOUT 46 YEARS, R/AT BRINDAVANA LAYOUT, KENGERI, BENGALURU-560 060. …RESPONDENTS (BY SMT. ASMA KOUSER., ADDL. SPP FOR R1; R2 SERVED) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANTING BAIL THEREBY DIRECTING THE RESPONDENT KENGERI TO RELEASE THE PETITIONER IN CR.NO.546/2025 ON SPL.C.NO.107/2026 PENDING ON THE FILE OF THE HON’BLE ADDL CITY CIVIL AND SESSIONS JUDGE, FTSC V BENGALURU FOR THE ALLEGED OFFENCE P/US/ 4(2),6 OF POCSO ACT 2012 AND SEC.64(2)(m),65(1),87,127(4) OF BNS 2023 IN THE INTEREST OF JUSTICE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This criminal petition is filed by the petitioner seeking regular bail in Crime No.546/2025 filed by the respondent-Police for the offences punishable under Section 64(2)(m), 65(1),87,127(4) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS) and section 4(2), 6 of Protection of children from sexual offences Act 2012. Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by the father of the victim stating that he was residing in the under-construction house along with his wife Narasama, who was also doing the same work and he was doing mason work. It is further stated that his daughter, who is the victim in this case had also come to Bangalore and she was staying along with the complainant. However, on 12.11.2025 around about 12.00 - 4 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 p.m., in the midday, the victim went out of the house. However, she did not return even after 08.00 p.m. It is further stated that the petitioner was also doing mason work along with the complainant. Suspecting that he might have kidnapped the victim along with him the complainant had lodged a complaint. The respondent- Police after registering a case conducted the investigation and submitted charge-sheet. The averments of the charge-sheet would specifically disclose that the petitioner when he was working as a mason along with the complainant had got acquainted with the victim and induced her that he would marry her and kidnapped her and kept her in Sonnenahalli near Chamundeshwari temple within the jurisdiction of Jnanabharathi Police Station. During his stay in Sonnenahalli, the petitioner had sexually assaulted the victim. 3. Heard Sri. Girish R., learned counsel for the petitioner and Smt. Asma Kouser learned Additional Special Public Prosecutor for respondent. - 5 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 4. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the petitioner was not aware about the actual age of the victim and he was misguided by the victim stating that she had completed 18 years. Hence, the petitioner went along with the victim and married her. Thereafter, after coming to know that she had not completed 18 years, the petitioner brought her back. 5. It is further submitted that the petitioner is earning member of the family and he is a permanent resident of Gulbarga and he is doing coolie work for his livelihood. Therefore, he may be enlarged on bail by imposing suitable conditions. He would abide the conditions imposed by this Court in the event of his release and bail. Making such submission learned counsel for the petitioner prays to allow the petition. - 6 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 6. Per Contra, learned Additional Special Public Prosecutor for respondent - State vehemently submitted that the petitioner had committed a heinous offence. The petitioner knew that the victim had not completed 18 years, despite; he intentionally kidnapped the victim and committed sexual assault on her. Since the offence has been committed against the minor, it is an atrocious act committed against the minor girl. Therefore, it is not appropriate to grant bail. Making such submission learned Additional Special Public Prosecutor prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint and charge- sheet. It would indicate that the complainant and the petitioner were working together and both were doing mason work. It is alleged that the petitioner got acquainted with the victim and both were loving each other. The petitioner had kidnapped the victim and kept her in his house for 10 days and committed sexual assault. - 7 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 Hence, the complainant had lodged a complaint. However, there is a delay of two days in lodging the complaint. Moreover, learned counsel for the petitioner submits that the petitioner was not aware about the actual age of the victim. In fact, it appears that he has been misguided by the victim when she was going along with the petitioner. Therefore, taking into consideration the said aspect, it is appropriate to grant bail to the petitioner. 8. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.546/2025 filed by the respondent-Police for the offences punishable under Section 64(2)(m), 65(1),87,127(4) of the BNS, 2023, and section 4(2), 6 of POCSO Act, 2012, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with - 8 - HC-KAR NC: 2026:KHC:16343 CRL.P No. 1742 of 2026 one surety for the likesum to the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper with the proceedings of the Court. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner shall not indulge in any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 37