- 1 - HC-KAR NC: 2026:KHC:28939 CRL.P No. 4266 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. 4266 OF 2026 BETWEEN: SRI PRATHAP P S/O PRAKASH AGED ABOUT 25 YEARS R/AT, NO. 1ST CROSS HOLEBENAVALLI VILLAGE SHIVAMOGGA TALUK - 577 056. …PETITIONER (BY SRI SUNIL KUMAR B.N, ADV.) AND: 1. THE STATE OF KARNATAKA BY SHIVAMOGGA RURAL POLICE STATION SHIVAMOGGA - 577 059 REP. BY S.P.P. HIGH COURT BUILDING COMPLEX, AMBEDKAR VEEDHI BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC- 1, AT SHIVAMOGGA, IN SPL.C.NO.22/2026 BEFORE THE SHIVAMOGGA RURAL P.S. IN CR.NO.352/2025 FOR THE ALLEGED O/P/U/S 64(2)(f), 65(1), 329(4) OF THE BNS 2023 AND SEC. 4 (2) OF POCSO ACT 2012. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28939 CRL.P No. 4266 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Special Case No.22 of 2026, pending before the Court of Additional District and Section Judge, FTSC- 1, Shivamogga arising out of Crime No.352 of 2025 registered by Shivamogga Rural Police Station for offences punishable under Section 64(2)(f), 65(1), 329(4) of BNS 2023 and Section 4(2) of POCSO Act, 2012 is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner, learned HCGP on behalf of respondent - State and respondent no.2 who is personally present before the Court. 3. FIR in Crime No.352 of 2025 was registered by Shivamogga Rural Police Station, Shivamogga for the aforesaid offences against the petitioner herein based on the first information dated 22.11.2025 received from victim girl who was aged 15 years 8 months as on the said date. During the course of investigation of the case, petitioner was arrested on 23.11.2025 and remanded to judicial custody. After completing - 3 - HC-KAR NC: 2026:KHC:28939 CRL.P No. 4266 of 2026 investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Special Case No.22 of 2026 was rejected on 05.02.2026. Therefore, the petitioner is before this Court. 4. In the first information submitted by the victim girl, she has stated that on 21.11.2025 she had complained to her mother of stomach pain and therefore she was taken to Mc Gann Hospital at Shivamogga. The medical officer in the said hospital had informed her mother that the victim girl was pregnant by two months. Thereafter, the victim girl had approached the jurisdictional police and based on her first information, FIR was registered against the petitioner for the aforesaid offences. 5. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded in the present case by the jurisdictional Magistrate. In the said statement, victim girl has stated that the petitioner is her uncles' son and he had misbehaved with her and resultantly she had become pregnant. Medical records of the victim girl reveals that she was 2 months - 4 - HC-KAR NC: 2026:KHC:28939 CRL.P No. 4266 of 2026 pregnant and with the permission of the Court, her pregnancy was terminated. However, victim girl has not cooperated for the purpose of DNA test report and on the other hand before the Trial Court as well as before this Court the victim girl and her mother have stated that they have no objection for granting bail to the petitioner. 6. The petitioner who is 25 years old is in custody from 23.11.2025. The investigation of the case is completed and charge sheet has been filed. Under these circumstances, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 7. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.22 of 2026, pending before the Court of Additional District and Section Judge, FTSC-1, Shivamogga arising out of Crime No.352 of 2025 registered by Shivamogga Rural Police Station for offences punishable under Section 64(2)(f), 65(1), - 5 - HC-KAR NC: 2026:KHC:28939 CRL.P No. 4266 of 2026 329(4) of BNS 2023 and Section 4(2) of POCSO Act, 2012, 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 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 75