- 1 - HC-KAR NC: 2026:KHC:26631 CRL.P No. 3387 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3387 OF 2026 BETWEEN: MEKAPPA GARI KARTHIK S/O MEKAPPA GARI SURESH AGED ABOUT 20 YEARS, RESIDING AT, NEAR GOVT SCHOOL, 2ND CROSS, WARD NO. 12, CHIKKASANDRA BENGALURU CITY - 560061. NATIVE AT, NO.3-144, NAGIREDDY PALLI, BYARASANDRA POST, BRAHMASAMUDRAM MANDAL, ANANTHPUR DISTRICT, ANDHRA PRADESH 515767 …PETITIONER (BY SRI HARISH PRABHU S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOLADEVANAHALLI.P.S. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. SUNITHA H, W/O PRAKASH, AGED ABOUT 38 YEARS, SUPERVISER, OBALAPURA RANGE, CDPO, CHALLAKERE, Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26631 CRL.P No. 3387 of 2026 CHITRADURGA - 577 551. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1, R2 - SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN ORDER, ENLARGING THE PETITIONER ON BAIL IN SPL.C.NO. 1181/2025 (CRIME.NO.366/2025) REGISTERED BY SOLADEVANAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS SECTION 4, 5(j)(ii), 5(L), 6 OF THE POCSO ACT AND SECTION 64 (2)(m) OF THE BHARATIYA NYAYA SANHITA, PENDING BEFORE THE HONBLE SPECIAL CITY CIVIL AND SESSION JUDGE FTSC-2(RURAL) AT BENGALURU AND ETC. 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 Special Case No.1181/2025 pending before the Court of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.366/2025 registered by Soladevanahalli Police Station, Bengaluru City for offences punishable under Sections 4, 5(J)(II), 5(L)(6) of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO') and Section 64(2)(m) of The Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is - 3 - HC-KAR NC: 2026:KHC:26631 CRL.P No. 3387 of 2026 before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader on behalf of respondent No.1. 3. Respondent No.2 who is served in the matter is unrepresented before this Court. 4. FIR in Crime No.366/2025 was registered by Soladevanahalli Police Station, Bengaluru City, for the aforesaid offences against the petitioner-accused, on the basis of first information dated 29.09.2025 received from Child Development Project Officer. The victim girl was aged 17 years 4 months as on the said date. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 07.10.2025. Investigation of the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences. 5. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.220/2026 was dismissed on 13.02.2026. Therefore, the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:26631 CRL.P No. 3387 of 2026 6. First Information Report in the present case has been registered on basis of the complaint filed by Child Development Project Officer, Challakere, Chitradurga after the victim girl had given birth to a child on 17.08.2025. 7. In First Information Report, it is stated that on 15.08.2025, the victim girl had complained of stomach pain and therefore her relatives had brought her to hospital at Kalyanadurga and in the said hospital she had delivered a girl baby on 17.08.2025. On enquiry she had informed that the petitioner who is her maternal aunt's son was the cause for her pregnancy and it is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. 8. During the course of investigation, the petitioner was taken to custody on 07.10.2025 and remanded to judicial custody. After the completion of investigation and charge sheet has been filed against the petitioner for the aforesaid offences. 9. Material on record would go to show that the petitioner and the victim girl who are closely related were acquainted to each other and it appears that they had consensual sex. As a result, she had conceived and - 5 - HC-KAR NC: 2026:KHC:26631 CRL.P No. 3387 of 2026 subsequently she gave birth to a girl child on 17.08.2025. The petitioner who is aged about 20 years is in custody from 07.10.2025 onwards. The date of birth of the victim girl is 10.05.2008 and as on this date, she has already attained the age of majority. 10. The victim girl in her statement recorded under Section 183 of BNSS, 2023 has not made any serious allegations of forcible sexual assault by the petitioner. Though she had conceived as a result of sexual intercourse with the petitioner, she had not informed the same to her parents or to her relatives at any point of time till she delivered a child on 17.08.2025. Continuous detention of the petitioner in custody, who is aged 20 years is likely to have adverse impact on his future career. It is trite that accused cannot be kept in custody as preventive or precautionary measure. Since investigation of the case is completed and charge sheet is already filed, detention of the petitioner is no more required. 11. Under the peculiar circumstances of the case and also considering the age of the petitioner as well as the age of the victim girl, I am of the opinion that the prayer made by the - 6 - HC-KAR NC: 2026:KHC:26631 CRL.P No. 3387 of 2026 petitioner for grant of regular has to be answered in the affirmative. 12. Accordingly, the following: ORDER The petitioner is directed to be enlarged on bail in Special Case No.1181/2025 pending before the Court of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.366/2025 registered by Soladevanahalli Police Station, Bengaluru City for offences punishable under Sections 4, 5(J)(II), 5(L)(6) of POCSO and Section 64(2)(m) of BNS, 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2026:KHC:26631 CRL.P No. 3387 of 2026 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 GVP List No.: 1 Sl No.: 40