- 1 - HC-KAR NC: 2026:KHC:19160 CRL.P No. 2966 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2966 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI.JAYAKUMAR.C @ KUMAR S/O LATE CHANNANAYAKA AGED ABOUT 36 YEARS, R/AT KRISHNAPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT – 571 463. …PETITIONER (BY SRI. PRASANNA KUMAR B., ADVOCATE) AND: 1. STATE BY AGARA MAMBALLI P.S REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU - 560 001. Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19160 CRL.P No. 2966 of 2026 2. SRI. SHRINIVASANAYAKA S/O LATE RANGANAYAKA AGED ABOUT 50 YEARS, R/AT HOSAMALANGI VILLAGE, KOLLEGAL TALUK CHAMARAJANAGARA – 571 442. …RESPONDENTS (BY Ms. ASMA KOUSER., ADDL. SPP) ---- THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.47/2025 REGISTERED BY THE AGARA MANBALLI POLICE STATION IN SPL.C.NO.126/2025 FOR THE OFFENCE P/U/S 137(2), 64(2)(M) OF BNS AND SEC.4, 5(L), 6 OF POCSO ACT, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, AND FTSC-I AT CHAMARAJANAGARA DISTRICT. 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:19160 CRL.P No. 2966 of 2026 ORAL ORDER The petitioner/accused is before this Court seeking grant of regular bail in Crime No.47/2025 of respondent-police for the offence under Sections 137(2), 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(L) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Brief facts of the case: 2. The case of the prosecution is that the father of the victim lodged a complaint on 02.04.2025 stating that his daughter was found missing and requested the respondent- police to trace her. The Investigating Officer after receiving the case, registered FIR and conducted investigation. During investigation, he has traced the victim girl and recorded her statement. The facts of the case have been unfolded in such a way that the accused used to visit the house of CW.6. During Dasara Festival-2024, the petitioner had a talk with victim girl and he used to tell that he would like to marry her. CW.1, after having noticed that the petitioner was talking with the victim girl, he had admonished him. On 30.03.2025, the victim and - 4 - HC-KAR NC: 2026:KHC:19160 CRL.P No. 2966 of 2026 the petitioner planned to elope from their respective houses. It is further alleged that the petitioner took the victim in a bike to Nanjangudu and thereafter, they went to Mysore by bus. From Mysore, they went to Male Mahadeshwara Hills and they stayed there. Again, on 03.04.2025, the petitioner took her to T.Narasipura. On 04.04.2025, they went to Bangalore. It is further alleged that he had committed sexual assault on her when she was staying alone with him in Bangalore. It is stated that the victim and the petitioner were staying in Bangalore till 07.04.2025. On 09.04.2025, he has been arrested by the respondent-Police. The respondent – Police after conducting investigation, submitted the charge sheet. 3. Heard Sri.Prasanna Kumar B., learned counsel for the petitioner and Smt. Asma Kouser, learned Addl. SPP for respondent-State. Despite service of notice to respondent No.2, he remained absent. 4. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. In fact, the victim has completed 18 years as on the date of filing the complaint. She has voluntarily accompanied the - 5 - HC-KAR NC: 2026:KHC:19160 CRL.P No. 2966 of 2026 petitioner. The ingredients under the provisions of POCSO cannot be attracted on the given set of facts and circumstances. The petitioner is the earning member of the family and is a permanent resident of Krishnapura Village. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor for respondent-State vehemently submitted that the petitioner being a married man having kids induced a minor girl and sexually assaulted her, which is considered as heinous crime committed on the victim. Hence, the petitioner is not entitled to any relief as prayed for in the petition. Making such submissions, she prays to reject the petition. 6. Heard learned counsel for the respective parties and perused the averments of the charge sheet and also the statement of the victim made before the learned Magistrate under Section 183 of BNS, 2023. On careful reading of the statement of the victim, it is appropriate to consider the bail without adverting to the merits of the case. - 6 - HC-KAR NC: 2026:KHC:19160 CRL.P No. 2966 of 2026 7. 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.47/2025 of respondent-police for the offence under Sections 137(2), 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(L) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012., on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with 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 the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2026:KHC:19160 CRL.P No. 2966 of 2026 (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 NR/- List No.: 1 Sl No.: 2