- 1 - HC-KAR NC: 2026:KHC:27037 CRL.P No. 2972 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2972 OF 2026 BETWEEN: S GAJENDRA @ GAJA, AGED ABOUT 26 YEARS, S/O. LATE. SHIVANNA, R/O AT NO.114, NARAYANAPURA VILLAGE AND POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT- 562110. …PETITIONER (BY SRI PRASANNA RAO R, ADVOCATE) AND: 1. STATE BY HASSAN WOMEN P S, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. 2. SMT SUSHEELA, W/O DHANASHEKHARA, AGED ABOUT 42 YEARS, R/O AT NO DASARAKOPPALU, HASSAN- 573201. …RESPONDENTS (BY SMT RASHMI JADHAV, ADDL. SPP FOR R1, R2 - SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE CR.NO.73/2025 REGISTERED BY THE HASSAN WOMEN P.S. FOR THE ALLEGED OFFENCE P/U/S. 137(2), 64 OF BNS ACT, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27037 CRL.P No. 2972 of 2026 2023 AND U/S. 4 OF POCSO ACT, 2012 PENDING BEFORE THE HONBLE COURT ADDL. DISTRICT AND SESSIOSN JUDGE, (FTSC-I), HASSAN, IN SPL.C.NO.549/2025 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 1. Accused in Special Case No.549/2025 pending before the Court of Additional District and Sessions Judge - FTSC - 1, Hassan arising out of Crime No.73/2025 registered by Hassan Women Police Station registered for the offences punishable under Sections 137(2), 64 of BNS, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short) 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 the Addl. State Public Prosecutor on behalf of respondent-State. 3. FIR in the present case was registered initially for the offence punishable under Sections 137(2), 64 of BNS, 2023 against the unknown person based on the FIR registered on - 3 - HC-KAR NC: 2026:KHC:27037 CRL.P No. 2972 of 2026 20.09.2025 received from respondent No.2 who is the mother of the victim girl aged 17 years. 4. During the course of investigation, the petitioner herein was arrested on 05.11.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed for the above said offence. His bail application filed before the trial Court in Special Case No.549/2025 was rejected on 02.02.2026. Therefore, he is before this Court. 5. Perusal of the first information in the present case would go to show that victim girl was found missing from her house on 14.09.2025. Efforts made to trace her by her relatives had failed and therefore, belatedly on 20.09.2025, the mother of the victim had approached the police. 6. During the course of investigation, the petitioner and the victim were traced. The petitioner was arrested on 05.11.2025 and remanded to judicial custody. During the course of investigation, statement of the victim girl aged 17 years studying in II PUC was recorded under Section 183 of BNS, 2023 by the Court of jurisdictional Magistrate on 20.10.2025. In the said statement, the victim girl has not made any serious - 4 - HC-KAR NC: 2026:KHC:27037 CRL.P No. 2972 of 2026 allegations against the petitioner. She has stated that after her mother and uncle had assaulted her, she had left her house on 14.09.2025 and had gone to her friend Ankitha's house and had stayed in her house for four days. Thereafter, on 18.09.2025, she and her friend Ankitha had gone to Bengaluru and had contacted the petitioner who is her boyfriend. Subsequently, all of them went to Nandi Hills and stayed in a Resort. Her sister contacted her when she was staying in the Resort and asked them to come back. When she was returning home along with her friend, police had intercepted their bus and brought them to police Station and subsequently, she was sent to a Bala Mandira. She has also stated that when she had stayed in the Resort at Nandi Hills, she and the petitioner had sex. From the aforesaid, it appears the petitioner and the victim girl aged 17 years are in love and after the victim girl had quarreled with her mother, she had voluntarily left the house and traveled to Bengaluru with her friend and thereafter, she had gone along with the petitioner who is said to be her boyfriend. The petitioner, aged 26 years having no criminal antecedents is in custody from 05.11.2025. Trial in the case is yet to commence. - 5 - HC-KAR NC: 2026:KHC:27037 CRL.P No. 2972 of 2026 7. Considering the nature of allegation against the petitioner and also having regard to the age of the petitioner and also the age of the victim girl, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.73/2025 of Hassan Women Police Station registered for the offences punishable under Sections 137(2), 64 of BNS, 2023 and Section 4 of the POCSO Act subject to the following conditions: a) The 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 date of hearing before the Trial Court unless the - 6 - HC-KAR NC: 2026:KHC:27037 CRL.P No. 2972 of 2026 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 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 42