- 1 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4122 OF 2026 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. VIKKI PRASAD S/O VENKATARAMA, AGED ABOUT 22 YEARS, RESIDING AT DHANAMATNAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK-563102. …PETITIONER (BY SRI. JAGADEESHA S R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY KOLAR WOMEN POLICE STATION, KOLAR TOWN, KOLAR-563101. 2. SMT. GEETHA W/O ASHWATTHA.D AGED ABOUT 45 YEARS, R/AT DHANAMATNAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK – 563 102. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; VIDE ORDER DATED 17.06.2026 NOTICE TO R2 HELD SUFFICIENT) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.P.C (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL. CC. (POCSO) NO. 128/2025 FOR THE OFFENCES PUNISHABLE U/S 137(2), 64(2), 351(2), 249 OF BNS, 2023 AND SECTION 6 OF POCSO ACT-2012, PENDING ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) AT KOLAR. 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 No.1 in Special Case (POCSO) No.128/2025 pending before the Court of the Addl. District and Sessions Judge, FTSC-I (POCSO), Kolar, arising out of Crime No.100/2025 registered by Women Police Station, Kolar, for offences punishable under Sections 137(2), 64(2), 351(2), 249 of Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Section 6 of the POCSO Act, 2012, is before this Court in this criminal petition filed under Section 483 of the - 3 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned Addl. SPP appearing for the respondent-State. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.100/2025 was registered by Kolar Women Police Station initially for offence punishable under Section 137(2) of BNS, 2023, against unknown persons based on the first information dated 30.09.2025 received from respondent No.2, who is the mother of the victim girl, who was studying in II PUC. During the course of investigation, the petitioner and victim were traced and the petitioner was arrested on 05.10.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against three persons. Petitioner herein is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Special - 4 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 Case (POCSO) No.128/2025 was rejected on 31.01.2026. Therefore, he is before this Court. 4. Mother of the accused had approached the police on 30.09.2025 and had submitted a typed first information stating that her minor daughter, who was studying in II PUC at BGS College, Kolar, who had gone to college on 29.09.2025 at about 07.45 a.m., had not returned home and efforts made to trace her had failed and therefore, she had approached the police. During the course of investigation petitioner and the victim were traced. The petitioner was arrested on 05.10.2025 and was subsequently remanded to judicial custody. 5. The statement of the victim girl under Section 183 of BNSS 2023 was recorded in the present case by the jurisdictional Magistrate on 08.10.2025. In the said statement, the victim girl has stated that on 28.09.2025, the petitioner had telephoned her and asked her to come with him and also threatened her that if she does not - 5 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 come with him, he will kill her parents. On 29.09.2025, she had gone to the nearby bus stand for the purpose of going to her college and the petitioner, who came there, allegedly took her in a Tata Sumo vehicle and went to the house of accused No.2-Madan, who is his friend. On the said day, they stayed in the said house of Madan. Petitioner allegedly had sexual intercourse with her. On the next day, they went to the house of accused No.3- Mamatha and had stayed in her house. The victim girl has stated that Madan and petitioner had left her in the house of Mamatha. Subsequently, on 02.10.2025 at about 11.30 p.m., petitioner and aforesaid accused No.2-Madan returned to the house of accused No.3-Mamatha. On the said date, since the victim had periods, petitioner kissed her and slept beside her. On 04.10.2025, police came to the said house and brought them back. 6. From the aforesaid statement, it appears that the victim girl, who was studying in II PUC had accompanied - 6 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 the petitioner and they had stayed together in different places for more than 4 days. 7. Learned counsel for the petitioner has produced certain photographs of the petitioner along with the victim and perusal of the same creates a doubt in the mind of the Court with regard to the allegations found in the charge sheet against the petitioner. 8. The victim girl was studying in II PUC and she had all the worldly knowledge about the act committed by her and the consequences of the same. Petitioner aged 22 years having no other criminal antecedent is in custody from 05.10.2025. His continued detention in custody amongst hardcore criminals may have an adverse impact on his future career. 9. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail - 7 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.128/2025 pending before the Court of Addl. District and Sessions Judge, FTSC-I (POCSO), Kolar, arising out of Crime No.100/2025 registered by Women Police Station, Kolar, for offences punishable under Sections 137(2), 64(2), 351(2) and 249 of BNS, 2023 and Section 6 of POCSO Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; - 8 - HC-KAR NC: 2026:KHC:29565 CRL.P No. 4122 of 2026 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 DM List No.: 1 Sl No.: 60