Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28784 CRL.P No. 558 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.558 OF 2026 (439(Cr.PC) / 483(BNSS)
BETWEEN:
MANJUNATH @ MANJUNATHA Y AGED ABOUT 33 YEARS S/O YOGESHAPPA R/A NAGIHALLI VILLAGE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 429. …PETITIONER (BY MISS. SHRUTHI S.P, ADVOCATE) AND:
1.
STATE BY SORABA POLICE STATION
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR, HIGH COURT
BANGALORE - 560 001.
2. MALLESHAPPA S/O MALLAPPA
AGED ABOUT 48 YEARS R/A KULAVALLI VILLAGE
SORABA TALUK, SHIVAMOGGA-577 429. …RESPONDENTS (BY SRI.RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL IN SPL.C.NO.285/2025 FOR THE ALLEGED OFFENCES P/U/S 87, 64(2)(m), 127(2) OF BNS AND SECTION 6, 17 OF POCSO ACT PENDING BEFORE THE LD ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) SHIVAMOGGA.
Digitally signed by VANDANA S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:28784 CRL.P No. 558 of 2026
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 Spl.C.No.285/2025 pending before the Additional District & Sessions Judge, FTSC-1, Shivamogga, arising out of Crime No.108/2025 registered by the Soraba Police Station for the offences punishable under Sections 87, 64(2)(m), 127(2) of BNS and Sections 6 and 17 of POCSO Act, is before this Court in this criminal petition under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard learned counsel for the petitioner and the learned HCGP for the respondent No.1 – State. Respondent No.2, who is served in this petition has remained unrepresented before this Court. 3. FIR No.108/2025 was registered by the Soraba Police Station initially against unknown persons for the offence punishable under Section 137(2) of BNS based on the first
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HC-KAR NC: 2026:KHC:28784 CRL.P No. 558 of 2026
information dated 04.08.2025 received from respondent No.2, who is the father of the victim girl, who was aged about 17 years 11 months as on the date of registration of FIR. 4. During the course of investigation, petitioner and the victim girl was traced in the house of the petitioner and petitioner was arrested and remanded to judicial custody on 11.08.2025. After completing investigation, charge sheet has been filed against two persons for the aforesaid offences. Petitioner is accused No.1 and his mother is accused No.2 in the charge sheet. His bail application filed before the Trial Court in Spl.C.No.285/2025 was rejected on 30.10.2025. Therefore, he is before this Court. 5. The victim girl was found missing from her house on 04.08.2025 and efforts made to trace her had failed and her mobile phone was switched off. Therefore, her father had approached the police and based on the first information, FIR in Crime No.108/2025 was registered
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HC-KAR NC: 2026:KHC:28784 CRL.P No. 558 of 2026
initially for the offences punishable under Sections 137(2) of BNS, 2023. During the course of investigation, petitioner and the victim girl were traced in the house of the petitioner and according to the prosecution, petitioner and the victim girl were in love and they used to regularly talk over mobile phone and also exchange messages. On 04.08.2025 petitioner had taken the victim girl in his motor bike bearing registration No.KA-15-EC-5481 and thereafter they had stayed in his house for a period of one week.
The police who came there brought the victim girl to her house and arrested the accused on 11.08.2025. According to the prosecution, when the victim girl was in the house of the petitioner, he allegedly had sexual intercourse with her. 6. Undisputedly, the petitioner has no criminal antecedents. He is in custody from 11.08.2025. Even according to the prosecution the petitioner and the victim girl, who was aged 17 years 11 months as on the date of registration of FIR were in love. Petitioner and the victim
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HC-KAR NC: 2026:KHC:28784 CRL.P No. 558 of 2026
girl had stayed in his house for a period of one week from
04.08.2025. Petitioner’s mother has been arrayed as accused No.2 in the present case invoking Section 17 of the POCSO Act. In view of the aforesaid circumstances and also considering 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. Accordingly, the following:
7. The petition is allowed.
The petitioner is directed to be enlarged on bail in SC No.285/2025 pending before the Court of Additional District Judge, FTSC-1 (POCSO), Shivamogga, arising out of Crime No.108/2025 registered by the Soraba Police Station for the offences punishable under Sections 87, 64(2)(m), 127(2) of BNS, 2023 and Sections 6 and 17 of POCSO Act, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for
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HC-KAR NC: 2026:KHC:28784 CRL.P No. 558 of 2026
the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates 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 case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE
SV List No.: 1 Sl No.: 62