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2026 DAILYLAW 18188 (KAR)

SRI AKASH VISHWAKARAMA v. STATE BY DEVARAJEEVANAHALLI PS

CRL.P/15660/2025 · 2026-06-01

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25378 CRL.P No. 15660 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 15660 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI AKASH VISHWAKARAMA S/O RAMKESH VISHWAKARMA AGED 18 YEARS, RESIDING AT C/O RANGANATH, MARUTHI SAMIL ROAD, VIDYASAGAR, ASHWATHNAGAR, BENGALURU- 56007 …PETITIONER (BY SRI. UDAY KUMAR P, ADVOCATE FOR SMT.STELLA THANGAM R.,ADVOCATE) AND: 1. STATE BY DEVARAJEEVANAHALLI PS RESPRESENTED BY SPP, HIGH COURT OF KARNATAKA ANNEX BUILDING, BENGALURU-560001. 2. SRI. ASHOKA VISHWAKARMA, S/O SUKARAM VISHWAKARMA, AGED 41 YEARS, RESIDING AT NO.13, 4TH B CROSS, NEAR VIDYANJALI SCHOOL, KAVERINAGARA, R.T.NAGAR POST, BENGALURU- 560032 …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1, R2 - SERVED & UNREPRESENTED) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25378 CRL.P No. 15660 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.244/2025 IN SPL.C.NO.2138/2025 ON THE FILE OF THE HONBLE CITY CIVIL AND SESSION JUDGE, (FTSC-III) BENGALURU CITY FOR THE ALLEGED OFFENCE P/U/S 137(2), 65(1) OF BNS AND SECTIONS 3, 4(2), 5, 6 OF POCSO ACT AND REGISTERED BY RESPONDENT DEVARAJEEVANAHALLI P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.CC No.2138/2025 pending before the Court of Additional City Civil and Sessions Judge (FTC-III), Bengaluru City arising out of Crime No.244/2025 registered by Devarajeevanavalli police station for the offences punishable under Sections 137(2), 65(1) of BNS, 2023, and Sections 3, 4(2), 5 and 6 of POCSO Act is before this court in this regular bail application filed under Section 483 of BNSS, 2023. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of respondent No.1. - 3 - HC-KAR NC: 2026:KHC:25378 CRL.P No. 15660 of 2025 3. Respondent No.2 is served in the matter and has remained unrepresented before this Court. 4. FIR in the present case was registered initially against the unknown person in Crime No.244/2025 by the Devarajeevanahalli police station for the offence punishable under Section 137(2) of BNSS 2023 based on the first information dated 02.07.2025 received from the respondent No.2, who is the father of the victim girl. During the course of investigation, the petitioner and the victim girl were traced. Petitioner was remanded to judicial custody on 19.07.2025. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.9251/2025 was rejected on 03.11.2025. It is under the circumstances, he is before this Court. 5. Perusal of the material on record would indicate that the petitioner and the victim girl were acquainted with each other and belonged to the same village. It appears - 4 - HC-KAR NC: 2026:KHC:25378 CRL.P No. 15660 of 2025 that the petitioner and the victim were in love and the petitioner had voluntarily left her house after her parents came to know about her relationship with the petitioner. Petitioner is aged about 18 years. He is in custody in the present case from 19.07.2025 onwards. Investigation of the case is already completed and charge sheet has been filed. The victim girl has not made any serious allegations against the petitioner in her statement recorded under Section 183(5) of BNSS, 2023, and the medical records would indicate that she did not undergo medical examination and had not consented for medical examination of her genitalia. The medical reports would reveal that there is no evidence suggestive of sexual act. The continued detention of the petitioner in custody is likely to have an adverse impact on his future career. The allegations contained in the charge sheet against the petitioner are required to be proved by the prosecution during full fledged trial. - 5 - HC-KAR NC: 2026:KHC:25378 CRL.P No. 15660 of 2025 6. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. ORDER i) The petition is allowed. ii) The petitioner is directed to be enlarged on bail in S.C.No.2138/2025 pending before the Court of City Civil and Sessions Judge (FTSC-III), Bengaluru arising out of Crime No.244/2025 of Devarajeevanahalli Police Station registered for the offences punishable under Sections 137(2), 65(1) of BNS, 2023 and Sections 3, 4(2), 5 and 6 of POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - HC-KAR NC: 2026:KHC:25378 CRL.P No. 15660 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE BKM List No.: 1 Sl No.: 63