- 1 - HC-KAR NC: 2026:KHC:27499 CRL.P No. 5579 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5579 OF 2026 BETWEEN: HITESH KUMAR J @ HITESH @ HIPPY S/O. JAGADISH, AGED ABOUT 19 YEARS, RESIDING AT NO. 19, 7TH CROSS, VINAYAKA LAYOUT, AMMA ASHRAM NEAR, ULLAL MAIN ROAD, BENGALURU-560 056. …PETITIONER (BY SRI GIRISH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR PS, BENGALURU, NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. JAISHNAVI, W/O LATE BALAJI, AGED ABOUT 38 YEARS, R/AT NO. 60, 2ND CROSS, HANUMAGIRI LAYOUT, NAGARABHAVI 2ND STAGE, BENGALURU-560 072. …RESPONDENTS (BY SRI RANGASWAMY R HCGP FOR R1, R2 SERVED AND UNREPRESENTED) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27499 CRL.P No. 5579 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANTING REGULAR BAIL THEREBY DIRECTING RESPONDENT ANNAPOORNESHWARI NAGAR PS TO RELEASE THE PETITIONER IN SPL.C NO.1124/2022 PENDING ON THE FILE OF THE HON'BLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU FOR THE ALLEGED OFFENCES P/U/S. 366(A), 376 OF IPC AND SEC. 4, 6 OF POCSO ACT 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 C.C. No.1124/2022 pending before the Court of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.76/2022 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for offences punishable under Sections 366(A), 376 of Indian Penal Code (for short 'IPC') and Sections 4 and 6 of Protection of Children from Sexual Offences (for short 'POCSO') is 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 - HC-KAR NC: 2026:KHC:27499 CRL.P No. 5579 of 2026 3. Respondent No.2 who is served in the matter is unrepresented before this Court. 4. Perusal of material on record would go to show that the petitioner in the present case was arrested on 15.04.2022 and subsequently enlarged on bail by the jurisdictional Sessions Court in Criminal Misc. No.7144/2022 which was disposed of on 08.09.2022. Thereafter, the petitioner was appearing before the Trial Court in Special Case No.1124/2022. For the reason that the petitioner had not appeared on the regular dates of hearing, Non-Bailable Warrant was issued against the petitioner on 21.03.2025 and his presence was secured before the Court on 20.11.2025 and on the said date, he was remanded to the judicial custody. 5. The bail application filed by the petitioner before the Trial Court thereafter in Cr.No.1033/2026 was rejected on 26.02.2026. Therefore, the petitioner is before this Court. 6. The petitioner is a youngster who was aged about 19 years as on the date of alleged incident. The material on record would go to show that the victim girl in her statement recorded under Section 164 of Cr.P.C., has not made any - 4 - HC-KAR NC: 2026:KHC:27499 CRL.P No. 5579 of 2026 serious allegation. On merits of the case, the petitioner was granted regular bail by the jurisdictional Sessions Court in Criminal Miscellaneous No.7144/2022 disposed of on 08.09.2022. Thereafter, till the year 2025, the petitioner was appearing before the Trial Court on the regular dates of hearing. 7. Order sheet of the Trial Court record would go to show that since the prosecution had not kept the witness present before the Trial Court, coercive steps have been taken against them. For the reason that the petitioner had not appeared on 21.03.2025, Non-Bailable Warrant was issued against him and subsequently he was arrested and produced before the Trial Court on 20.11.2025 and on the same day, he was remanded to judicial custody. For the mistake committed by the petitioner by not appearing before the Court on the regular dates of hearing, he has been sufficiently punished. Undisputedly, on merits the petitioner has been granted regular bail in the present case. Therefore, the prayer made by the petitioner for grant of regular bail has to be answered in the affirmative. - 5 - HC-KAR NC: 2026:KHC:27499 CRL.P No. 5579 of 2026 8. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.1124/2022 pending before the Court of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.76/2022 registered by Annapoorneshwari Nagar Police Station, Bengaluru City for offences punishable under 366(A), 376 of IPC and Sections 4 and 6 of Protection of POCSO, 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) Petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - HC-KAR NC: 2026:KHC:27499 CRL.P No. 5579 of 2026 c) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) 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.: 51