- 1 - HC-KAR NC: 2026:KHC:15988 CRL.P No. 293 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 293 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: AFTHAB S/O EJAZ AHAMED, AGED ABOUT 32 YEARS, R/O LAST BUS STOP, ROAD NEXT TO APOLLO MEDICAL, NEAR GANAPATHI TEMPLE, GOPAL, SHIVAMOGGA TOWN AND TALUK, SHIVAMOGGA – 577 202 …PETITIONER (BY SRI. DEESHNA P.K..,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HOLEHONNUR POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15988 CRL.P No. 293 of 2026 BENGALURU – 560 001 2. XXXX S/O KANTHARAJ, AGED ABOUT 18 YEARS, R/AT DIGGENAHALLI, VILLAGE, CHANNAGIRI TQ, DAVANAGERE 577005. …RESPONDENTS (BY SRI. HARISH GANAPATHY., HCGP) 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/ACCUSED NO.3 ON BAIL IN CR. NO.331/2025 FILED BY HOLEHONNUR POLICE, U/S 311 OF BNSS AND 12 OF THE POCSO ACT, PENDING BEFORE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-1 (POCSO), SHIVAMOGGA. 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:15988 CRL.P No. 293 of 2026 ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.3 in Crime No.331/2025 filed by the respondent – Police for the offences punishable under Section 311 of the Bharatiya Nyaya Sanhita (for short BNS) and under Section 12 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO), seeking for regular bail. Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by one Kushal, aged about 18 years, who is the resident of Diggenahalli Village, Chennagiri Taluk, Davanagere District, stating that on 30.10.2025 at about 12.10 a.m., the complainant was celebrating his birthday along with the other two girls who were studying in the same school. They went near Kalapura Village, Bhadravathi Taluk, parked their vehicle and were cutting the cake. In the meantime, it is alleged that five to six unknown persons came in an Innova Car and threatened them, made them partially undress, and recorded a video of the same. Thereafter, they were extorting money by saying that the said video would otherwise be uploaded on - 4 - HC-KAR NC: 2026:KHC:15988 CRL.P No. 293 of 2026 social media. According to the complainant, he has transferred the amount of Rs.98,000/- to the mobile number 9148337952. The respondent, the police, after registering a case, conducted an investigation. The investigation is in progress. 3. Heard Smt. Deeshma P.K., learned counsel for the petitioner and Sri. Harish Ganapathy., learned High Court Government Pleader for respondent. 4. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. He has been falsely implicated in this case on account of the statement of the co-accused. Nothing has been recovered at his instance. In fact, he was not present at the alleged scene of the occurrence. He is the earning member of the family. He will abide by 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. 5. Per Contra, learned High Court Government Pleader for the respondent vehemently submitted that the petitioner and others had committed a heinous offence. The petitioner, in - 5 - HC-KAR NC: 2026:KHC:15988 CRL.P No. 293 of 2026 furtherance of a common intention to commit robbery and dacoity, threatened the complainant and his friends for celebrating the birthday of the complainant and snatched a sum of Rs.2,500/-. Thereafter, they made extortion and obtained an amount of Rs.98,000/- by blackmailing the complainant. The manner in which the petitioner and others have committed an offence is a serious threat to society at large. If the petitioner is enlarged on bail, there may be chances of committing a similar offence and also threatening the prosecution witnesses. Hence, the petitioner is not entitled to the relief as prayed for. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 6. Heard learned counsel for the respective parties and perused the averments of the complaint. It appears from the record that the amount Rs.98,000/- has been transferred by the complainant to 9148337952 number. However, that mobile number does not belong to the present petitioner. Moreover, the incident occurred on 03.10.2025. The complainant approached the court on 21.11.2025. There is an inordinate delay in lodging the complaint. Moreover, there are no criminal - 6 - HC-KAR NC: 2026:KHC:15988 CRL.P No. 293 of 2026 antecedents to the present petitioner. Hence, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehensions of the prosecution. 7. Hence, I proceed to pass the following: ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with one (01) surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not commit any similar offence till disposal of the present case. iv. The petitioner shall appear before the Trial Court on all hearing dates, without fail. v. The petitioner shall not tamper with the prosecution witnesses. - 7 - HC-KAR NC: 2026:KHC:15988 CRL.P No. 293 of 2026 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 NM