- 1 - HC-KAR NC: 2026:KHC:13084 CRL.P No. 16109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 16109 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. GANESHA M V S/O LATE VENKATESH AGED ABOUT 36 YEARS PRESENT RESIDING AT: KABBALAMMANAPALYA, HOSAPALYA, KENGERI HOBALI, KUMBALAGODU, BENGALURU – 560 071. PERMANENT RESIDING AT: VADDARADODDI, RAMANGARA TALUK, BILAGUMBA, RAMANGARA – 562 159. …PETITIONER (BY SRI. N PADMAVATHI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUMBALAGODU PS NOW REPRESENTED BY Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13084 CRL.P No. 16109 of 2025 STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001. 2. XXX D/O NAGARATHNA AGE 20 YEARS, R/AT NO 582, KABBALAMMANAPALYA VILLAGE, HOSAPALYA, KENGERI HOBLI, BENGALURU – 560 074. …RESPONDENTS (BY SRI. B LAXMAN, HCGP FOR R1; SMT. PARINEETA S CHANAL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT KUMBALAGODU PS TO RELEASE THE PETITIONER IN CR.NO.284/2025 ON SPL.C 862/2025 PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT, BENGALURU AND ETC., 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:13084 CRL.P No. 16109 of 2025 ORAL ORDER 1. This petition is filed by the petitioner who is arraigned as accused No.3 in Spl.C.No.862/2025, arising out of Crime No.284/2025 of respondent No.1 – police, pending on the file of the Addl. District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 5(L), 5(p), 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and sections 64(2)(f), 64(2)(m), 272, 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. Brief facts of the case are as under: 2. Accused Nos. 1 to 3 are known to the minor victim since 2022. The victim used to call the accused as elder brothers. On 01.01.2022, Accused No. 1 called the victim girl to the dilapidated shed in the premises of Chikkammadevi Temple of Kabbalamanapalya at 01.00 p.m., under the guise of providing eatables to her and - 4 - HC-KAR NC: 2026:KHC:13084 CRL.P No. 16109 of 2025 made her to sit on his lap and touched her private parts and committed sexual assault on her. 3. Further, he had threatened her not to disclose the said fact to anyone and gave her Rs.10/- to Rs.20/-. Thereafter, the said information was given to accused Nos.2 and 3. Accused No. 2 had also committed similar offence on providing eatables to her by paying Rs.50/-. 4. It is further stated that the petitioner knowingly that on 09.08.2025 around about 02.00 a.m., called victim girl to his house and threatened her that he would inform her relationship with Accused No.1 to others and threatened her and committed sexual assault on her in his house. Between 01.01.2022 till August 2025 by providing eatables to the victim girl, the accused subjected her sexual assault on several occasions. 5. It is further stated that the petitioner herein knowingly that he is having HIV positive infected, and got transmitted the same to the victim girl. Therefore, he has - 5 - HC-KAR NC: 2026:KHC:13084 CRL.P No. 16109 of 2025 committed heinous offence. Hence, the charge sheet came to be registered against the petitioner and the others. 6. The submission of learned counsel for the petitioner is that a false case has been registered against the petitioner and he has been implicated in the said case. The statement of the victim that she had been subjected to sexual assault in the year 2022, cannot be accepted as a gospel truth to invoke the provision of POCSO Act. In fact, there might be a sexual intercourse which might have taken place between the petitioner and others and victim girl, but, it is a consent act. The respondent - police, in order to show the statistics, have filed a false case against the petitioner. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned counsel for respondent No. 2 vehemently submitted that the petitioner has committed - 6 - HC-KAR NC: 2026:KHC:13084 CRL.P No. 16109 of 2025 heinous offence and he has transmitted the HIV positive to the victim girl. It is an offence not only against a particular individual, but, against the society at large. In order to deter such activities in future, it is appropriate to reject bail petition. Making such submissions, learned counsel for the respondent No.2 prays to dismiss the petition. 8. Similarly, the learned High Court Government Pleader for Respondent No.1 - State adopted the arguments advanced by the learned counsel for respondent No. 2 and prays to dismiss the petition. 9. Heard learned counsel for the respective parties and perused the averments of the charge sheet. It appears that the victim herself had lodged a complaint. At the time of filing the complaint, she is aged about 20 years. The complaint came to be registered by her on 27.08.2025. However, she has stated in the said complaint that she had been subjected to sexual assault by the petitioner since 2022. - 7 - HC-KAR NC: 2026:KHC:13084 CRL.P No. 16109 of 2025 10. Be that as it may, on perusal of the entire averments of the complaint, it is appropriate to grant him bail by imposing suitable conditions which would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER a) The Criminal Petition is allowed. b) The petitioner is ordered to be enlarged on bail in in Spl.C.No.862/2025, arising out of Crime No.284/2025 of respondent No.1 – police, pending on the file of the Addl. District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, on executing a 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, subject to the following conditions: i. The petitioner shall not commit any similar offence till disposal of the present case. - 8 - HC-KAR NC: 2026:KHC:13084 CRL.P No. 16109 of 2025 ii. The petitioner shall appear before the Investigating Officer within a period of 01 (one) month from today to execute the warrant and also to furnish the warrant. iii. The petitioner shall appear before the trial Court on all hearing dates. iv. The petitioner shall not tamper the prosecution witnesses. In case any of the conditions mentioned above is violated by the petitioner, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 31