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High Court of Karnataka · body

2026 DAILYLAW 18922 (KAR)

MADHU T J v. THE STATE OF KARNATAKA BY

CRL.P/3757/2026 · 2026-06-04

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26525 CRL.P No. 3757 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3757 OF 2026 BETWEEN: MADHU T.J S/O JAYANNA AGED ABOUT 40 YEARS R/AT NO.10, RAMADASAPPA BUILDING, 2ND MAIN 4TH CROSS, NEAR BANK OF BARODA, VIDYANAGAR NAGASANDRA POST BANGALORE CITY 560 073 PRESENTLY RESIDING AT THIMMMALAPURA PANCHANAHALLI HOBLI KADUR TALUK, CHIKMAGALUR DISTRICT - 577 182. …PETITIONER (BY SRI NINGARAJA M.N, ADV.) AND: 1. THE STATE OF KARNATAKA BY PEENYA POLICE STATION BANGALORE CITY REP BY ITS PUBLIC PROSECUTOR CITY CIVIL COURT COMPLEX BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SPL.C.C.NO.2838/2025 (CRIME NO.588/2025) OF PEENYA POLICE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26525 CRL.P No. 3757 of 2026 STATION FOR THE OFFENCE P/US/ 64 OF BNS AND SEC.4 OF POCSO ACT PENDING ON THE FILE OF THE ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (FTSC II). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Spl.C.C.No.2838/2025 pending before the Court of Addl. City Civil & Sessions Judge and FTSC-II, Bengaluru, arising out of Crime No.588/2025 registered by Peenya Police Station, Bengaluru for the offences punishable under Sections 64 of BNS, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent No.1 - State. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.588/2025 was registered by Peenya Police Station, Bengaluru against the petitioner herein, - 3 - HC-KAR NC: 2026:KHC:26525 CRL.P No. 3757 of 2026 on the basis of first information dated 22.10.2025 received from respondent No.2 herein, who is the mother of the victim girl. During the course of investigation, the petitioner was arrested and produced before the jurisdictional Court on 23.10.2025 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.305/2026 was dismissed on 23.02.2026. Therefore, he is before this Court. 6. Perusal of the material on record would go to show that, the petitioner had approached Peenya Police Station on 12.10.2025 and based on his first information, FIR in Crime No.560/2025 for the offence punishable under Section 305 of BNS, 2023 was registers wherein he had alleged about theft of gold ornaments totally weighing 50 grams from his house. In the said case, the police had apprehended the victim girl and had brought her to the Police Station. Subsequently, the mother of the victim girl was summoned to the Police Station - 4 - HC-KAR NC: 2026:KHC:26525 CRL.P No. 3757 of 2026 and according to the first information, which was lodged on 22.10.2025, the victim girl had allegedly informed her mother, who is the first informant in the present case that on 01.10.2025 when she was in Majestic bus stand, the petitioner, who approached her seeking sexual favour took her to his house and had sexual intercourse with her and thereafter when she demanded money, he had given the gold ornaments to her. It is in this background, FIR was registered in the present case invoking provisions of POCSO Act. In the said case, the petitioner was arrested on 23.10.2025. Investigation of the case is completed and charge sheet is filed. 7. Before the Trial Court, the first informant is examined as PW1 and according to the learned counsel for the petitioner she has turned hostile to the case of the prosecution. The victim girl is examined as PW.4. Therefore, it is apparent that the material charge sheet witnesses have been already examined in the present case. FIR in the present was registered against the petitioner, based on the information given by the accused victim girl, who had allegedly committed the theft of gold ornaments from the house of the petitioner and case was - 5 - HC-KAR NC: 2026:KHC:26525 CRL.P No. 3757 of 2026 registered, based on the information given by him in Peenya Police Station in Crime No.560 of 2025. Much after the registration of the said criminal case, present FIR has been registered against him. 8. Considering the aforesaid aspects of the matter and also since the material charge sheet witnesses have been examined in the present case, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.2838/2025 pending before the Court of Addl. City Civil & Sessions Judge and FTSC-II, Bengaluru, arising out of Crime No.588/2025 registered by Peenya Police Station, Bengaluru for the offences punishable under Sections 64 of BNS, 2023 and Section 4 of the Protection of Children from - 6 - HC-KAR NC: 2026:KHC:26525 CRL.P No. 3757 of 2026 Sexual Offences Act, 2012 is before this Court under Section 483 of BNSS, 2023, subject to the following conditions:- a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) 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 NMS List No.: 1 Sl No.: 41