- 1 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 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. 2291 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. PRATAP @ BESTHA PRATHAP, S/O BESTHA SURESH, AGED ABOUT 19 YEARS, RESIDING AT 2-22, B COLONY, T. VEERAPURAM, RAYADURGA , MANDALAM ANANTAPUR, ANDRA PRADESH 515865. …PETITIONER (BY SRI GIRISH R., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KENGERI PS, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001 2. SMT. KAVITHA, W/O PRADEEP AGED ABOUT 32 YEARS, R/AT No.30, 1ST MAIN, 9TH CROSS, HARSHA LAYOUT, KENGERI, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 of 2026 BENGALURU 560060 (MOTHER OF VICTIM GIRL) …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; NOTICE RO R2 SERVED) THIS CRL.P. IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C. PRAYING TO GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT KENGERI P.S., TO RELEASE THE PETITIONER IN SPL.C.No.2792/2025 IN CR.No.434/2025 PENDING ON THE FILE OF THE HON'BLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC V BENGALURU FOR THE ALLEGED OFFENCE P/U/S 127(4),87,64(2)(m) OF BNS AND SECTION 6 OF POCSO ACT. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri R. Girish, learned counsel appearing for the petitioner, and Smt. Rashmi Patel, learned High Court Government Pleader appearing for the respondents. 2. This petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by the accused seeking grant of bail in Crime No.434/2025 dated 09.09.2025 registered by Kengeri Police Station, Bengaluru City, initially for the offence punishable under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and subsequently for the offences - 3 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 of 2026 punishable under Sections 127(4), 87 and 64(2)(m) of the BNS and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), presently pending on the file of the Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, in Special C.C. No.2792/2025. 3. The facts, in brief, are that a complaint came to be lodged by respondent No.2 stating that the minor victim was found missing from the house and that the victim had sent a message to the mobile phone of one of her relatives stating that she had gone along with the accused. The same was also found reflected in the CCTV footage. Pursuant to the registration of the FIR and during the course of investigation, the petitioner came to be arrested on 16.10.2025 and, upon being produced before the jurisdictional Court, was remanded to judicial custody, and continues in custody till date. 3.1 The application filed by the petitioner under Section 483 of the BNSS before the Sessions Court came to be rejected by order dated 02.02.2026. After completion of the investigation, the respondent-police have filed the charge sheet against the petitioner arraying him as accused No.1. - 4 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 of 2026 4. Sri R. Girish, learned counsel appearing for the petitioner, submits that the petitioner has been falsely implicated in the case and that, even after completion of the investigation, no reliable material has been collected to establish the involvement of the petitioner in the alleged incident. It is further submitted that there is no acceptable material to establish the age of the victim so as to attract the provisions of the POCSO Act. 4.1 Learned counsel further submits that the case of the prosecution is founded solely on the statement of the victim and that there is no medical, scientific or any other corroborative evidence in support of the allegations. It is also contended that the Study/Conduct Certificate issued by the Headmaster of the school for the purpose of determining the age of the victim is not reliable. Learned counsel further submits that the FSL report dated 11.11.2025 does not support the case of the prosecution with regard to the alleged act. 5. Though notice has been served on respondent No.2, there is no representation on behalf of respondent No.2. - 5 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 of 2026 6. Smt. Rashmi Patel, learned High Court Government Pleader appearing for respondent No.1, submits that there is sufficient material collected during the course of investigation and placed along with the charge sheet to establish the involvement of the petitioner in the alleged crime. It is submitted that prima facie material is available to show that the victim was a minor at the relevant point of time. 6.1 Learned High Court Government Pleader further submits that the offences alleged against the petitioner are serious in nature and that, if the petitioner is enlarged on bail, there is every likelihood of his threatening the victim and influencing the prosecution witnesses. It is also submitted that the social standing and status of the victim may be adversely affected. 7. Having considered the submissions made by the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent No.1, it is evident that the alleged incident is stated to have taken place on 28.08.2025, whereas the complaint came to be lodged on 09.09.2025, after a delay of 12 days. The age of the victim, even as reflected in the Study Certificate, is shown as 17 years, - 6 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 of 2026 8 months and 27 days as on the date of the alleged incident. At this stage, there appears to be no unimpeachable material placed on record to conclusively establish the age of the victim. 8. Furthermore, the respondent-police, after completion of the investigation, have filed the charge sheet. The FSL report dated 11.11.2025, pertaining to the examination of seminal stains, indicates negative results with regard to the presence of seminal stains on the articles subjected to examination. Apart from the same, there is no other medical evidence prima facie indicating the occurrence of the alleged incident. 9. When prima facie material to establish the alleged incident is not forthcoming and the material accompanying the charge sheet also supports such a view, continued judicial custody of the petitioner would adversely affect his personal liberty. The apprehension expressed by the prosecution that, if enlarged on bail, the petitioner may threaten the victim or influence the witnesses can be adequately safeguarded by imposing stringent conditions. - 7 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 of 2026 10. In the light of the above discussion, and without expressing any opinion on the merits of the case, this Court is of the view that further custodial incarceration of the petitioner is not warranted, particularly when the investigation has been completed and the charge sheet has already been filed. Accordingly, the following order: O R D E R (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.434/2025 registered by Kengeri Police Station, Bengaluru City, initially for the offence punishable under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and subsequently for the offences punishable under Sections 127(4), 87 and 64(2)(m) of the BNS and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), subject to the following conditions: (a) The petitioner 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; - 8 - HC-KAR NC: 2026:KHC:24800 CRL.P No. 2291 of 2026 (b) The petitioner shall appear regularly before the Trial Court on all dates of hearing; (c) The petitioner shall not, either directly or indirectly, threaten, or tamper with the prosecution witnesses; (d) The petitioner shall not involve himself in any offence in future. (e) The petitioner shall not attempt to meet the victim girl or establish any contact with the family members of the victim. (f) In the event of any violation of the aforesaid conditions, the prosecution is at liberty to seek cancellation of bail in accordance with law. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 74