- 1 - HC-KAR NC: 2026:KHC:28786 CRL.P No. 1062 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.1062 OF 2026 (438(Cr.PC) / 482(BNSS) BETWEEN: YATHISH RAO AGED ABOUT 34 YEARS S/O RATHNOJI RAO R/A HOSAHALLI VILLAGE HONNALI TALUK, DAVANGERE -577 101. …PETITIONER (BY SMT. SHRUTHI S.P, ADVOCATE) AND: 1. STATE BY HALEHONNUR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BANGALORE-560 001. 2. NAGARAJAPPA S/O LATE KOTRAPPA AGED ABOUT 47 YEARS R/A BASAVESHWARA BADAVANE NEAR BANASHANKARI TEMPLE NITTUVALLI, DAVANGERE-577 101. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT BAIL IN SPL.C.NO.314/2025, FOR THE OFFENCE P/U/S 87 OF BNS, U/S 8 AND 12 OF POCSO ACT, U/S Digitally signed by VANDANA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28786 CRL.P No. 1062 of 2026 9 OF PROHIBITION OF CHILD MARRIAGE ACT, PENDING BEFORE THE LEARNED ADDL. DISTRICT JUDGE, FTSC-1 (POCSO) 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 1. Accused in Spl.C.No.314/2025 pending before the Court of the Additional District & Sessions Judge, FTSC-1, Shivamogga, arising out of Crime No.225/2025 registered by the Holehonnur Police Station, Shivamogga, for the offences punishable under Sections 87 of BNS, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 9 of the Prohibition of Child Marriage Act, 2016, is before this Court in this Criminal Petition filed under Section 482 of BNSS seeking anticipatory bail. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 – State. Respondent No.2, who is served in this petition has remained unrepresented before this Court. - 3 - HC-KAR NC: 2026:KHC:28786 CRL.P No. 1062 of 2026 3. FIR in Crime No.225/2025 was registered by the Holehonnur Police Station, Shivamogga, for the aforesaid offences against the petitioner herein based on the first information dated 29.07.2025 received from the victim girl. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.1196/2025 before the jurisdictional Trial Court, which was rejected on 11.12.2025. Therefore, he is before this Court. 4. The material on record would go to show that the petitioner is the distant relative of the victim girl. On 21.04.2025, petitioner, who came to the house of the sister of the victim girl took her to a temple and tied Mangalasuthra to her neck. He thereafter informed the victim girl not to reveal the same to anybody and he also assured to marry her after she attains the age of 18 years and left her in her sister’s house. 5. First information has been filed belatedly on 29.07.2025 based on which the FIR has been registered against the petitioner for the aforesaid offences. The statement of the victim girl under Section 183 of BNSS, 2023, was recorded in - 4 - HC-KAR NC: 2026:KHC:28786 CRL.P No. 1062 of 2026 the present case on 08.07.2025. The victim girl aged about 17 years, who was studying II year nursing course has not made any allegations of petitioner committing any kind of sexual assault on her and on the other hand, even in the statement of the victim girl under Section 183 of BNSS, she has stated that petitioner had tied Mangalasuthra to her neck in the temple and thereafter informed her that he will marry her after she attains the age of 18 years. Investigation of the case is completed and charge sheet has been filed. It is not in dispute that the petitioner has no other criminal antecedents and he has undertaken to co-operate with the police authorities for the purpose of further investigation. Under these circumstances, I am of the opinion that the petitioner’s prayer for grant of anticipatory bail is to be answered in the affirmative. 6. 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 Spl.C.No.314/2025 pending before the Court of the Additional District & Sessions Judge, FTSC-1, Shivamogga arising out of Crime No.225/2025 registered by Holehonnur Police Station for the offences - 5 - HC-KAR NC: 2026:KHC:28786 CRL.P No. 1062 of 2026 punishable under Sections 87 of BNS, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 9 of the Prohibition of Child Marriage Act, 2016, subject to the following conditions: a) 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.1,00,000/- before the Trial Court with one surety for the likesum to the satisfaction of the concerned Court. b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SV List No.: 1 Sl No.: 65