- 1 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 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. 17657 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MANIKANTHA.S. S/O SRINIVAS AGED AT-33 PRESENT - NO 598 NEAR GOVT SCHOOL VADIRAHALLI (V), LAKSMIPURA CROSS, VIDYARANYAPURA POST, BENGALORE CITY – 560 057 PERMANENT NO-598, NEAR GOVT SCHOOL VADERAHALLI (V) LAKSHMIPURA CROSS VIDYARANYAPURAM POST BENGALORE CITY - 560 057 …PETITIONER (BY SRI. KIRANKUMAR H K., ADVOCATE) AND: STATE BY SOLADEVANAHALLI POLICE STATION, BENGALURU. (REPRESENTED BY LEARNED Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 SPECIAL PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA BENGALURU – 560 001. RAMAN S/O KRISHNA AGE 42YRAES, SMT, NO.372 NOOR JAAN GARDEN. LAKSMIPURA VIDYA RANYAPURA POST BENGALURU CITY. KARNATAKA – 560 097 …RESPONDENTS (BY SRI. HARISH GANAPATHY., ADVOCATE FOR R1 RESPONDENT NO.2 IS SERVED AND UNREPRESENTED) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.107/2025 (SPL.C.NO.381/2025) REGISTERED BY SOLADEVANAHALLI P.S., FOR THE OFFENCES P/U/S 137(2), 64(2)(m) OF POCSO ACT, AND SECTION.5(L), 6 OF THE BNS, 2023. PENDING IN THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II, BANGALORE RURAL DISTRICT, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 ORAL ORDER 1. This petition is filed by the petitioner, who is arrayed as the sole accused in Crime No.107/2025 filed by the respondent – Police for the offences punishable under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS), seeking regular bail. Factual matrix of the case: 2. The case of the prosecution is that the victim was studying in the 10th Standard at A.E.S High School, Kammagondanahalli. The petitioner was conducting dance classes. The victim used to attend the said dance classes; as such, she got acquainted with the petitioner. The petitioner used to insist that the victim must love him, and he also told her that he intended to marry her. The complainant, after coming to know the said fact, had warned the petitioner. The complainant used to take the victim girl to the school to attend her examination. On 02.04.2025 at about 09.00 a.m., the complainant dropped the victim off near the examination centre. By that time, - 4 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 accused caught hold the victim in front of the school to talk to her in front of the school. Thereafter, he forcibly took her into an autorickshaw to Chikkabanavara. From there they went to Yeshwanthpura by B.M.T.C bus. Thereafter, they reached the house of CW-12 situated at Maruru post near Kunigal Road. When CW-12 questioned the victim, the petitioner had informed him that he was loving her and she had completed her II P.U.C and she was aged about 20 years. It is stated that the petitioner and the victim had stayed there for four to five days. During the said period, it is alleged that the petitioner had committed sexual assault on her about two to three times. After receiving the information, the respondent - Police conducted the investigation and submitted the charge- sheet. 3. Heard Sri. Kiran Kumar H.K., learned counsel for the petitioner ad Sri. Harish Ganapathy learned High Court Government Pleader for respondent. - 5 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 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, PW-1, being a victim, has deposed in her evidence that on 02.04.2025 she had attended her 10th Std., Science examination. As she was not prepared well for the examination, she had been to the house of her grandmother, and she further stated that the petitioner had not committed any sexual assault on her nor kidnapped her from her lawful guardianship. When the victim herself has not supported the case, keeping the petitioner in judicial custody would not serve any purpose. Hence, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 5. Per Contra, learned High Court Government Pleader for the respondent – State of Karnataka vehemently submitted that the petitioner, who is aged about 33 years, has kidnapped the victim, who is aged - 6 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 about 16 years and has committed sexual assault on her on several occasions. Hence, it is not appropriate to grant him bail on the ground that the victim has turned hostile.. Making such submissions learned High Court Government Pleader for the respondent – State of Karnataka prays to reject the petition. 6. Heard learned counsel for the respective parties perused the averments of the complaint. Though it appears that the petitioner had kidnapped and committed sexual assault on the victim, the fact remained that the evidence of PW-1/victim did not disclose the alleged sexual assault. Having considered the said aspect, it is appropriate to grant bail to the petitioner. 7. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail Crime - 7 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 No.107/2025 filed by the respondent – Police for the offences punishable under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with 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. - 8 - HC-KAR NC: 2026:KHC:15866 CRL.P No. 17657 of 2025 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 mentioned above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM