- 1 - HC-KAR NC: 2026:KHC:24807 CRL.P No. 4280 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL PETITION NO. 4280 OF 2026 BETWEEN: SRI. GIRISH S/O. SRI MAHESHA, AGED ABOUT 22 YEARS, R/AT BARAGENAHALLI VILLAGE, TARIKERATALUK CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577 228 …PETITIONER (BY SRI. RADHIKA M., ADVOCATE) AND: 1. STATE BY SHIKARIPUR TOWN POLICE STATION SHIVAMOGGA - 577 427 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001 2. xxxxx D/O. DINESH AGED ABOUT 20 YEARS R/AT BARAGENAHALLI VILLAGE TARIKERA TALUK CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577 228 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SRI. RAJENDRA V.G., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24807 CRL.P No. 4280 of 2026 ENLARGE THE PETITIONER ON BAIL IN SPL.C NO.28/2026 (CRIME NO.182/2025) FOR THE OFFENCES P/U/S 87, 69, 308(2), 318(4), 54 OF BNS AND FOR THE OFFENCES P/U/S 8 AND 12 OF POCSO ACT WHICH IS PENDING BEFORE THE LD ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) SHIVAMOGGA OF SHIKARIPURA TOWN POLICE SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER This petition is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) by the petitioner/accused No.1 for grant of bail in Crime No.182/2025 dated 26.11.2025 registered by the Shikaripura Town Police Station, Shivamogga for the offences punishable under Sections 69, 87, 308(2), 318(4) of Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 8 and 12 of POCSO Act, 2012, pending on the file of Additional District and Sessions Judge, FTSC-I (POCSO), Shivamogga in Spl.C. No.28/2026. 2. The complaint came to be registered against the petitioner for the offences punishable under Sections 87, 69, 308(2), 318(4) and 54 of the BNS and Sections 8 and 12 of the POCSO Act. The petitioner was arrested on 27.11.2025 and has remained in judicial custody thereafter. The application filed by - 3 - HC-KAR NC: 2026:KHC:24807 CRL.P No. 4280 of 2026 the petitioner seeking bail came to be rejected by the Trial Court on the ground that the alleged sexual assault was committed on the victim girl when she was a minor and on the assurance of marriage. 3. Learned counsel for the petitioner submits that the complaint has been lodged after a delay of nearly two years from the date of the alleged incident. It is contended that the relationship between the victim and the petitioner was consensual in nature and, therefore, no offence is made out. It is further submitted that the allegations relating to extortion have not been substantiated during the course of investigation. Learned counsel also submits that the victim was aged about 21 years at the relevant point of time. 4. Learned High Court Government Pleader appearing for the respondent-State submits that the Trial Court, having regard to the allegations of extortion by misuse of the photographs of the victim girl, was justified in rejecting the application for bail. It is therefore contended that the petitioner is not entitled to be enlarged on bail. - 4 - HC-KAR NC: 2026:KHC:24807 CRL.P No. 4280 of 2026 5. Having considered the submissions made by the learned counsel for the petitioner and the learned High Court Government Pleader, it is noticeable that the allegations pertain to sexual assault on the victim girl when she was a minor. It is, however, not in dispute that the victim girl is presently aged about 21 years. There is no prima facie material to indicate the victim was minor as on the alleged date. It is further alleged that the petitioner, by making use of the photographs of the victim girl, extorted money from the victim and her family members. 6. Having regard to the material placed on record, there appears to be no prima facie material in respect of the allegations relating to extortion and the existence of the photographs. Nevertheless, considering the facts and circumstances of the case, this Court is of the view that there is no impediment to enlarge the petitioner on bail, subject to appropriate conditions. 7. In the light of the above, the following: ORDER (i) The criminal petition is allowed. - 5 - HC-KAR NC: 2026:KHC:24807 CRL.P No. 4280 of 2026 (ii) The petitioner/Accused No.1 shall be enlarged on bail in Crime No.182/2025 registered by Shikaripura Police Station for the offences punishable under Sections 87, 69, 308(2) and 318(4) of the BNS and Sections 8 and 12 of the POCSO Act, 2012 subject to the following conditions: a) The petitioner/Accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court; b) The petitioner/Accused No.1 shall appear regularly on all dates of hearing before the Trial Court unless exempted by the Trial Court; c) The petitioner/Accused No.1 shall not directly or indirectly threaten, or tamper with the prosecution witnesses; and - 6 - HC-KAR NC: 2026:KHC:24807 CRL.P No. 4280 of 2026 d) The petitioner/Accused No.1 shall not involve himself in any offences in future. Sd/- (K. V. ARAVIND) JUDGE KA List No.: 1 Sl No.: 81