- 1 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1054 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: AJAY SHANKAR JADAV S/O. SHANKAR JADAV, AGED ABOUT 24 YEARS, PRESENTLY R/AT RENTED HOUSE BELONGS TO KALAVATHI'S RENTED HOUSE, BEHIND INDIAN OVERSEAS BANK UDAY BAKERY RIGHT SIDE ROAD MADHAPATNA, JIGANI HOBLI BANGALURU URBAN DISTRICT. PERMANENT R/AT NEAR SEVERAL TEMPLE CHIKKALINGADAHALLI TANDA, SOMALINGADANAHALLI POST AND HOBLI CHINCHOLI TALUK GULBARGA DISTRICT – 585 305. …PETITIONER (BY SRI. G RAKESH RAJ., ADVOCATE) AND: 1. STATE OF KARNATAKA BASAWESHWARANAGAR PS REP BY. SSP Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 HIGH COURT OF KARNATAKA BENGALURU - 560 001 2. SRI ROHIT. G., S/O LATE GANGADHAR, AGED ABOUT 21 YEARS R/AT NO.2 1ST MAIN, CHANDRAPPA ROAD, KAMALANAGAR BASAWESHWARA NAGAR BENGALURU – 560 079 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP) (BY SRI. ARCHANA., AMICUS CURIAE FOR RESPONDEN NO.2) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER/ACCUSED NO.1 MOST RESPECTFULLY PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN SPL C.C NO.1620/25 OF CRIME NO: 105/2025 REGISTERED BY RESPONDENT BASAWESHWARANAGAR POLICE STATION REGISTERED PUNISHABLE UNDER SECTIONS.137(2), 64(2)(M) OF BNS ACT, 1985, 6 OF POSCO ACT, PENDING BEFORE IN THE COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL JUDGE, BENGALURU, FTSC-V, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner/accused No.1 is before this Court seeking for grant of regular bail in Spl.C.C.No.1620/2025, arising out of Crime No.105/2025, pending on the file of the Addl. City Civil and Sessions Judge and Spl. Judge, Bengaluru, FTSC-V for the offences punishable under Sections 137(2), 64(1)(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Sections 6 of the Protection of Children From Sexual Offences Act, 2012 (for brevity, ‘POCSO’). Brief facts of the case: 2. The case of the prosecution is that the brother of the victim filed a missing complaint on 30.03.2025. On the basis of the said complaint, respondent No. 1 registered a case and conducted investigation. During the course of investigation, the Investigating Officer secured the victim girl and recorded her statement. - 4 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 3. As per her statement, the facts of the case has been unfolded in such a way that the petitioner was residing along with her brother and grandmother at Kamala Nagar, Bangalore. The victim was being beaten by her brother on the instruction of her aunt. As long as her grandmother was alive, she was being protected. Thereafter, after death of her grandmother, her brother used to assault her indiscriminately. During this period, the petitioner got acquainted with victim girl. After she narrated the details of her ill-treatment to the petitioner, he decided to marry her and subsequently, took her to his friend's house. The petitioner's friend had frightened the petitioner that as the victim has not completed 18 years, there would be dangerous to the petitioner as she was not willing to go to her house, the petitioner necked her out from the house and dropped her near the bus stop. 4. Further, he gave Rs.500/- to her and droped her to Mejestic bus stand. After arriving at the Majestic Bus stop, she was reluctant return home and she stayed near Kamalanagara temple. On the following day, she went to Jigani, however, she did not meet him. When she was wandering in the market at - 5 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 Jigani, she got acquainted with one woman and the said woman asked her as to why she was wandering in the said market. After she narrated the incident, the woman sheltered the victim in her house for two days. Subsequently, she was taken to a remand home, which led to the filing of this complaint. 5. Based on the complaint, the respondent police registered the case in Cr.No.105/2025 and conducted investigation. After completion of investigation, submitted the charge sheet. 6. Heard Sri. G.Rakesh Raj, learned counsel for the petitioner and Sri. Rangaswamy R, learned High Court Government Pleader for respondent No.1 – State and Smt. K.M. Archana, learned Amicus Curiae for respondent No.2. 7. It is the submission of learned counsel for the petitioner that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this. The actual age of the victim had not been disclosed to the petitioner. On coming to know the actual age of the victim, he had sent her back and advised her to go to her house. - 6 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 8. It is further submitted that, as stated by the victim, she was subjected to ill-treatment by her brother and therefore, unwilling to return home. Desiring to live with the petitioner, she sought to stay with him on one or the other pretext. Consequently, a false complaint has been lodged against the petitioner to pressure him into accepting her as his wife. He has not committed any offences as stated in the compliant. The allegations made against the petitioner is baseless and bald. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He will abide the conditions in the event of his release on bail, making such submissions, he prays to allow the petition. 9. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner has committed heinous offence. In fact, he had promised and took her along with him knowingly that she was minor and committed sexual assault on her. Later, he has necked her out of the house and thrown to the street. The manner in which the petitioner had committed offence against the minor, really unethical and unacceptable. The averments of - 7 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 the complaint is clear that the petitioner had committed sexual assault on the victim girl who is aged about 17 years. Therefore, it is not appropriate to grant him bail. Making such submissions, learned HCGP for respondent – State prays to reject the petition. 10. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears that the petitioner is stated to have been in love with the victim and also expressed his willingness for the marriage. 11. It is also stated in the charge sheet that he took the victim along with him on the pretext of marriage and committed sexual assault on her. Later, he refused to stay with her. The learned counsel for the petitioner vehemently submitted that no such incident of sexual assault had taken place. In fact, the petitioner was not aware about the actual age of the victim. On coming to know the actual age of the victim, the petitioner had advised her to go to her house. The victim was not interested to go to her house. She has filed a false case against the petitioner to force him to marry her. It - 8 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 of 2026 appears to be true on going through the medical report submitted by the doctor. 12. Having considered the facts and circumstances of case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Spl.C.C.No.1620/2025, arising out of Crime No.105/2025, pending on the file of Addl. City Civil and Sessions Judge and Spl. Judge, Bengaluru, FTSC-V for the aforesaid offences on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. - 9 - HC-KAR NC: 2026:KHC:14806 CRL.P No. 1054 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 involve in any criminal cases, till disposal of the case. In case, if 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 JS/- List No.: 1 Sl No.: 31