- 1 - HC-KAR NC: 2026:KHC:15984 CRL.P No. 562 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 562 OF 2026 (439(Cr.PC) /483(BNSS)) BETWEEN: 1. TIRUPATHI, S/O. BASANNA AGED ABOUT 29 YEARS, RESIDING AT 9TH CROSS, NEAR ANJANEYA TEMPLE, SANTHOSH NAGAR, ATTUR, BENGALURU-560 064. …PETITIONER (BY SRI. SABAPPA B MALEGAL., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA NEW TOWN P.S. YELAHANKA SUB-DIVISION BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. 2. BHAGAMMA, W/O. SHARANAPPA AGED ABOUT 37 YEARS, RESIDING AT NEAR KASHIVISHWANATHA TEMPLE, ATTUR LAYOUT, YELAHANKA NEW TOWN, BENGALURU-560 064. …RESPONDENTS (BY SRI.RANGASWAMY R, HCGP FOR R1, R2-SERVED AND UNREPRESENTED) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15984 CRL.P No. 562 of 2026 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER ON BAIL IN CR.NO.386/2025 OF YELAHANKA NEW TOWN POLICE STATION FTSC-IV BANGALORE FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 87, 137(2), 64(2)(m), 65(1) OF BNS AND 4(2), 5(L), 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND 9 OF CHILD MARRAIGE ACT 2006 PENDING ON THE FILE OF HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC- COURT IV AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is sole accused seeking regular bail in Crime No.386/2025 of respondent/police for the offences punishable under Sections 87, 137(2), 64(2)(m), 65(1) of Bharatiya Nyaya Sanhita, 2023 and Sections 4(2), 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Child Marriage Act, 2006 pending on the file of the learned Additional District and Sessions Judge, FTSC Court-IV, Bengaluru. 2. The case of the prosecution is that a complaint came to be registered by Bhagamma, the mother of the - 3 - HC-KAR NC: 2026:KHC:15984 CRL.P No. 562 of 2026 victim, who stated before the respondent–police that on 27.08.2025 at about 4.00 p.m., her daughter had gone to work as a maid servant, however, she did not return home. On verifying about her whereabouts, she came to know that, her daughter has eloped with one Thirupathi and also found that amount of Rs.30,000/- and 2.50 tolas of gold ornaments were missing from her house. Hence the complaint. Based on the said complaint, the respondent/police have registered a case and secured the presence of the victim. Her statement has been recorded. As per her statement, it is disclosed that the victim was eloped with the petitioner, he took her to Ghatisubrahmanya Temple at Doddaballapura and he married her by tying a thali. Thereafter, he is stated to have taken her to Talikote in Vijayapura District, where he had kept her in a rented house and allegedly committed sexual assault on her on multiple occasions. - 4 - HC-KAR NC: 2026:KHC:15984 CRL.P No. 562 of 2026 3. On receiving the said information, the respondent – Police have completed the investigation and submitted the charge sheet. 4. The submission of the learned counsel for the petitioner is that petitioner is innocent of the alleged offences. The allegation made against the petitioner is baseless and bald. He has not committed any offence as alleged in the charge sheet. In fact, the victim and the petitioner were in love with each other and had mutually decided to marry each other. It is further contended that the victim voluntarily accompanied the petitioner on her own, and they married each other. 6. It is further submitted that, in her statement recorded under Section 183(5) of the BNSS, 2023, the victim has not made any allegation or complaint of sexual assault against the petitioner. Such being the fact, invoking the provisions under the POCSO Act is unsustainable, and therefore, the petitioner may be - 5 - HC-KAR NC: 2026:KHC:15984 CRL.P No. 562 of 2026 enlarged on bail by imposing suitable conditions. He would abide by the conditions in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the victim, with an intention to assist the petitioner, has given a statement before the learned Magistrate stating that no sexual assault was committed. However, the age of the victim has not been disputed and it is an admitted fact that she was minor. Therefore, the petition has to be rejected. Making such submission, he prayed to reject the petition. 8. Heard the learned counsel for the respective parties and perused the averments of the complaint and also the statement made by the victim before the learned Magistrate under Section 183(5) of BNSS, 2023. - 6 - HC-KAR NC: 2026:KHC:15984 CRL.P No. 562 of 2026 9. On going through the said statement, it appears that the petitioner has not made any sexual assault or any other acts which would attract the provisions under the POCSO Act. Having considered the said aspect, it is appropriate to grant him bail by imposing suitable conditions by this Court. Hence, I proceed to pass the following: ORDER i) The petition is allowed ii) The petitioner is ordered to be enlarged on bail in Crime No.386/2025 of respondent/police for the offences punishable under Sections 87, 137(2), 64(2)(m), 65(1) of Bharatiya Nyaya Sanhita, 2023 and Sections 4(2), 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Child Marriage Act, 2006 pending on the file of the learned Additional District and Sessions Judge, FTSC Court-IV, Bengaluru, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:15984 CRL.P No. 562 of 2026 iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper 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 BKM List No.: 1 Sl No.: 20