- 1 - HC-KAR NC: 2026:KHC:26472 CRL.P No. 4020 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. 4020 OF 2026 BETWEEN: NAZEEM @ NAJIR ALI S/O NUR MAHAMAD AGED ABOUT 23 YEARS PRESENT RESIDING AT PANITANKI TRIVENIPURAM, PRAYAGRAJ UTTARPRADESH - 211 019 PERMENENT RESIDING AT GHURGHAT PO, GHURGHAT DISTRICT SHWAN, BIHAR - 841 203. …PETITIONER (BY SRI GIRISH R, ADV.) AND: 1. STATE OF KARNATAKA BY HAL PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 -SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT HAL PS TO RELEASE THE PETITIONER IN CR.NO.543/2025 ON SPL.C 196/2026 PENDING ON THE FILE OF THE HONBLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE- FTSC- V, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND 65(1), 64(2)(M), 87, 127(2) OF THE BHARATIYA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26472 CRL.P No. 4020 of 2026 NYAYA SANHITHA (BNS) 2023 AND SECTION 9 OF CHILD MARRIAGE ACT. 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.No.196/2026 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-V, Bengaluru, arising out of Crime No.543/2025 registered by H.A.L Police Station, Bengaluru City for the offence punishable under Sections 65(1), 64(2)(m), 87, 127(2) of BNS, 2023 , Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court in this criminal petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. - 3 - HC-KAR NC: 2026:KHC:26472 CRL.P No. 4020 of 2026 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.543/2025 was registered by H.A.L Police Station, Bengaluru City against the petitioner herein initially for the offence punishable under Section 137(2) of BNS, 2023 on the basis of first information dated 01.11.2025 received from respondent No.2 herein who is the mother of the victim girl. In the first information it is alleged that the victim girl was missing from their house on 28.10.2025 and efforts made to trace her had failed. It is Under these circumstances, on 01.11.2025 the first informant had approached the police and since she suspected the hands of the petitioner herein FIR was registered against him. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested and produced before the jurisdictional Court on 06.12.2025 and remanded to judicial custody. Investigation in the case is complete and - 4 - HC-KAR NC: 2026:KHC:26472 CRL.P No. 4020 of 2026 charge sheet is now filed against him for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Mis.No.1302/2026 was dismissed on 28.02.2026. Therefore, he is before this Court. 6. During the course of investigation, statement of the victim girl has been recorded under Section 183 of BNSS, 2023 before the jurisdictional Magistrate. In the said statement, the victim girl has stated that she is aged about 17 years. She also has stated that she was in love with the petitioner and after her parents came to know about the same they started ill-treating her. She has stated that therefore she had voluntarily left her house and gone along with the petitioner and got married. She has stated that after their marriage she and the petitioner were staying together. She has further stated that, the - 5 - HC-KAR NC: 2026:KHC:26472 CRL.P No. 4020 of 2026 petitioner has not committed any offence nor did he have forcible sexual intercourse with her. She has stated that on her own will she had left her house and gone along with the petitioner and married him. 7. The petitioner aged about 23 years is in custody from 06.12.2025. Investigation of the case is now completed and charge sheet has been filed. Having regard to the aforesaid aspects of the matter more the statement of the victim girl recorded under Section 183 of BNS, 2023 before the jurisdiction Magistrate, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.196/2026 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-V, Bengaluru, arising out of - 6 - HC-KAR NC: 2026:KHC:26472 CRL.P No. 4020 of 2026 Crime No.543/2025 registered by H.A.L Police Station, Bengaluru City for the offence punishable under Sections 65(1), 64(2)(m), 87, 127(2) of BNS, 2023 , Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, 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; - 7 - HC-KAR NC: 2026:KHC:26472 CRL.P No. 4020 of 2026 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.: 42