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2026 DAILYLAW 21148 (KAR)

SRI SIDDARAMA SAGAPPA NATIKAR v. STATE BY KOLLEGAL RURAL POLICE STATION

CRL.P/358/2026 · 2026-06-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28766 CRL.P No. 358 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.358 OF 2026 BETWEEN: SRI SIDDARAMA SANGAPPA NATIKAR S/O. SANGAPPA NATIKAR AGED ABOUT 22 YEARS R/AT YALAGODA VILLAGE DEVARA HIPPARAGI TALUK BIJAPURA DISTRICT-586 115 …PETITIONER (BY SRI NARASIMHARAJU, ADVOCATE) AND: 1. STATE BY KOLLEGAL RURAL POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 2. MRS. SISTER REGI JOHN W/O. JOHN AGED ABOUT 67 YEARS WORKING AS PRINCIPAL SADVIDYA VIDYA SAMSTHE PRAKASHPALYA VILLAGE, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT-571 440 …RESPONDENTS (BY SRI LAKSHMAN B., H.C.G.P., FOR R-1; R-2 IS SERVED) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28766 CRL.P No. 358 of 2026 THIS CRL.P IS FILED U/S.439 CR.PC (FILED U/S. 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 20.08.2025 PASSED IN SPL.C.NO.278/2024 (CR.NO.188/2024) BY THE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-1, CHAMRAJANAGARA AND CONSEQUENTLY ENLARGE THE PETITIONER ON REGULAR BAIL FOR ALLEGED OFFENCE P/U/S. 137(2), 64 BNS, 2023 AND SECTIONS 4, 6, 8, 12, 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 REGISTERED BY THE KOLLEGALA RURAL POLICE STATION, KOLLEGAL CIRCLE, CHAMARAJANAGAR DISTRICT, NOW PENDING ON THE FILE OF THE HON'BLE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-1, CHAMARAJANAGARA BY GRANTING BAIL. 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 No.1 in Spl.C.No.278/2024 pending before the Additional District and Sessions Judge, FTSC-I, Chamarajanagara, arising out of Crime No. 188/2024 registered by the Kollegala Police Station, Chamarajanagara, for the offences punishable under Section 137(2), 64 of the Bharatiya Nyaya Sanhitha, 2023 (hereinafter referred to as 'BNS, 2023' for short) and Sections 4, 6, 8, 12, 17 of the Protection of Children from - 3 - HC-KAR NC: 2026:KHC:28766 CRL.P No. 358 of 2026 Sexual Offences Act, 2012 (for short 'POCSO Act') is before this Court in this criminal petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent/State. Respondent No. 2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No. 188/2024 was registered by the Kollegala Police Station, Chamarajanagara, initially for the offence punishable under Section 137(2) of BNS, 2023 based on the first information received from respondent No.2, who was the principal of the college in which the victim girl aged 17 years was studying. During the course of investigation, petitioner and victim girl were traced together. Petitioner was arrested on 22.09.2024 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two - 4 - HC-KAR NC: 2026:KHC:28766 CRL.P No. 358 of 2026 persons for the aforesaid offences. Petitioner is arraigned as accused No. 1 in the charge sheet and his brother is arraigned as accused No. 2. Bail petition filed by the petitioner before the trial Court in Special Case No. 278/2024 was rejected on 20.08.2025. Therefore, he is before this Court. 4. The material on record would go to show that the victim girl was found missing from her hostel on 16.09.2024 and efforts made to trace her were futile. Therefore, FIR was registered initially for the offence punishable under Section 137(2) of BNS, 2023 against unknown persons. Subsequently, the victim girl and the petitioner were traced together. According to the prosecution, petitioner and the victim girl had gone to the house of accused No. 2 who is the brother of petitioner and stayed in the said house from 16.09.2024 to 19.09.2024 and during such stay, petitioner allegedly had sexual intercourse with the victim girl. The victim girl is now examined before the trial Court as P.W.2. According - 5 - HC-KAR NC: 2026:KHC:28766 CRL.P No. 358 of 2026 to the learned counsel for the petitioner, the victim girl has not supported the case of the prosecution during the course of her cross-examination. 5. Be that as it may, the fact remains that petitioner, who is aged about 22 years is in custody from 22.09.2024 onwards. He has no other criminal antecedents. Since the victim girl and the material charge sheet witnesses are already examined before the trial Court, there cannot be any apprehension that the petitioner may tamper with the prosecution witnesses. 6. Under the circumstances, 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 Spl.C.No.278/2024 pending before the Additional District and Sessions Judge, FTSC-I, - 6 - HC-KAR NC: 2026:KHC:28766 CRL.P No. 358 of 2026 Chamarajanagara, arising out of Crime No. 188/2024 registered by the Kollegala Police Station, Chamarajanagara, for the offences punishable under Section 137(2), 64 BNS, 2023 and Sections 4, 6, 8, 12, 17 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 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 - 7 - HC-KAR NC: 2026:KHC:28766 CRL.P No. 358 of 2026 case registered against him is disposed of. SD/- (S VISHWAJITH SHETTY) JUDGE VP