- 1 - HC-KAR NC: 2026:KHC:27974 CRL.P No. 4259 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4259 OF 2026 BETWEEN: MOHAN A S/O LATE ANJANAPPA AGED ABOUT 26 YEARS RESIDING AT NO.22 C/O VENKATESH RENTED HOUSE, GROUND FLOOR, GANESH NILAYA 3RD CROSS LAKSHMI LAYOUT, BEGURU,BENGALURU-560068 …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BEGURU PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001 2. XXX …RESPONDENTS (BY SRI. LAXMAN B, HCGP FOR R1 V/O DTD NOTICE TO R2 IS HELD SUFFICIENT) Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27974 CRL.P No. 4259 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT BEGURU PS TO RELEASE THE PETITIONER IN CR.NO.3/2026 PENDING ON THE FILE OF THE HONBLE ADDL CITY CIVIL AND SESSIONS JUDGE, FTSC-III FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 64, 65(1) OF THE BHARATIYA NYAYA SANHITHA (BNS) 2023 AND SECTION 5(L), 6, 4(2) OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012. 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 C.No.294/2026 pending before the Court of Additional City Civil and Sessions Judge, FTSC - III, Bengaluru City, arising out of in Crime No.3/2026 registered by Beguru Police Station, Benglauru for offences punishable under Sections 64, 65(1) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS, 2023') and Section 4(2), 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking regular bail. - 3 - HC-KAR NC: 2026:KHC:27974 CRL.P No. 4259 of 2026 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.3/2026 was registered by Beguru Police Station for the aforesaid offences against the petitioner herein based on the first information dated 03.01.2026 received from respondent No.2 herein who is the mother of the minor victim girl. During the course of investigation, the petitioner herein was arrested on 04.01.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected in Criminal Misc.No.508/2026 on 06.03.2026. It is under these circumstances, he is before this Court seeking regular bail. 5. Learned counsel for the petitioner submits that the charge sheet material do not make out a prima-facie case as against the petitioner herein for offences punishable under Sections 4 and 6 of POCSO Act. It appears that the petitioner and the victim girl were in love. The medical records of the victim do - 4 - HC-KAR NC: 2026:KHC:27974 CRL.P No. 4259 of 2026 not support the allegations found in the FIR and in the charge sheet. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP opposed the petition and submits that the victim girl is a minor and she has made allegations against the petitioner about he having physical relationship with her. Even in the medical records, it is stated that chances of sexual violence cannot be ruled out. Accordingly, he prays to dismiss the petition. 7. For the purpose of attracting offences punishable under Sections 4 and 6 of POCSO Act, there should be allegation of penetrative sexual assault by the accused. The word 'penetrative sexual assault' has been defined under Section 3 of POCSO, which reads as follows: "3. Penetrative sexual assault.-A person is said to commit "penetrative sexual assault" if- (a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or (b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or (c) he manipulates any part of the body of the child so as to cause penetration into the vagina, - 5 - HC-KAR NC: 2026:KHC:27974 CRL.P No. 4259 of 2026 urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or (d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person." 8. During the course of investigation in the present case, statement of the victim under Section 183 of BNSS, 2023 was recorded by the jurisdictional Magistrate on 02.02.2026. She has stated that petitioner is acquainted to her family and she had met him on Instagram app in the month of February 2024. Thereafter they were talking to each other over mobile phone. The petitioner had informed that he was in love with her. On 30.12.2025, the petitioner had taken her to his house and had physical relationship with her. She has not made any statement which would attract Sections 4 and 6 of the POCSO Act as against the petitioner herein. 9. Victim girl was subjected to medical examination in the present case and her medical reports would go to show that the hymen and all other genital parts of the victim girl were normal. It is opined that there is no signs of sexual intercourse and the medical officer has only stated that sexual violence - 6 - HC-KAR NC: 2026:KHC:27974 CRL.P No. 4259 of 2026 cannot be ruled out. Such an observation also prima-facie cannot attracts the offence punishable under Sections 4 and 6 of the POCSO Act. Undisputedly, the petitioner has not criminal antecedents. He is aged about 26 years. 10. Hence, the petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.3/2026 registered by Beguru Police Station for the offences punishable under Sections 64, 65(1) of BNS, 2023, and Section 4(2), 5(L) and 6 of 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 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:27974 CRL.P No. 4259 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 of. SD/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 47