- 1 - HC-KAR NC: 2026:KHC:28155 CRL.P No. 4361 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4361 OF 2026 (438(Cr.PC) / 482(BNSS)-) BETWEEN: 1. RAJASHEKARA G S/O. RATHNAKARA M. R/AT. SHIGEHALLI VILLAGE, AGED ABOUT 32 YEARS, CHIKKASHAKUNA POST, SORABATALUK, SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. MURALI D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SORABA PS, SHIVAMOGGA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE 560001 2. SMT. REVATHI W/O VISHWANATHA AGED ABOUT 40 YEARS. RESIDING AT SHIGEHALLI VILLAGE, CHIKKASHAKUNA POST, SORABA TALUK, SHIVAMOGGA DISTRICT …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1: NOTICE TO R2 HELD SUFFICIENT VIDE ORDER DATED 11.06.2026) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28155 CRL.P No. 4361 of 2026 THIS CRL.P FILED U/S 438 CR.P.C. (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO. 17/2026 ON THE FILE OF SORABA POLICE STATION, SHIVAMOGGA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 329(4) OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, NOW PENDING BEFORE THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, SHIVAMOGGA. 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 Crime No.17/2026 registered by Soraba Police Station, Shivamogga for offences punishable under Section 329(4) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Sections 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’), is before this Court, in this petition, filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent No.1. Respondent - 3 - HC-KAR NC: 2026:KHC:28155 CRL.P No. 4361 of 2026 No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.17/2026 was registered by Soraba Police Station, Shivamogga for the aforesaid offences against the petitioner herein based on the first information dated 07.01.2026 received from the victim girl, aged about 17 years. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.172/2026 before the Jurisdictional Sessions Court, which was rejected on 05.03.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR in Crime No.5/2026 was registered by Soraba Police Station, Shivamogga against one Megharaja on the basis of the first information received from the mother of the victim girl, who was found missing from their house on 07.01.2026. Allegation in the first information in the said case is that the victim girl had left her house at about 8.45 a.m. Charge sheet has been filed in the said case against Megharaja and his family - 4 - HC-KAR NC: 2026:KHC:28155 CRL.P No. 4361 of 2026 members for offences punishable under Sections 87 and 64(2) of BNS and Sections 6, 17 and 21 of POCSO Act. In the said case, victim girl was traced and her statement was recorded on 10.01.2026. Petitioner is not arraigned as an accused in Crime No.5/2026. On the other hand, a separate complaint was filed subsequently on 18.01.2026 alleging that on 07.01.2026 between 03.00 p.m. and 04.00 p.m., petitioner had come to the house of the victim girl and had misbehaved with her. The records in Crime No.5/2026 would reveal that the victim girl had left her house at about 08.45 a.m. on 07.01.2026 and subsequently she had eloped with accused No.1 Megharaja in the said case. The allegations now made against the petitioner therefore becomes doubtful. Petitioner who is a married man is a neighbour of the victim girl. The maximum punishment for the alleged offences is imprisonment for a period of 5 years. The petitioner has undertaken to co-operate with the police for the purpose of investigation. Under the circumstances, the following: - 5 - HC-KAR NC: 2026:KHC:28155 CRL.P No. 4361 of 2026 ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.17/2026 registered by Soraba Police Station, Shivamogga for the offences punishable under Sections 329(4) of BNS and Sections 8 and 12 of POCSO Act, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2026:KHC:28155 CRL.P No. 4361 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE CM List No.: 1 Sl No.: 47