- 1 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4211 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI SYED SAMEER @ SAMEER S/O SYED AHAMAD AGED ABOUT 24 YEARS, R/O 2ND CROSS, MARNAVAMI BYLU, SHIVAMOGGA-577201. …PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DODDAPETE POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001. 2. VICTIM AGED ABOUT 14 YEARS, D/O ANWARSAB AGED ABOUT 38 YEARS, R/AT ABBALAGERE VILLAGE, SHIVAMOGGA TALUQ, NATIVE TADASA, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 DONABAGHATTA, BHADRAVATI TQ, SHIVAMOGGA-577301. …RESPONDENTS (BY SMT. RASHMI JADHAV., ADDL. SPP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.4 ON REGULAR BAIL IN SPL.C.NO.268/2025 ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE FTSC- 1 (POCSO) SHIVMOGGA FOR THE ALLEGED OFFENCE P/U/S 70(2),74,96,3(5) OF BNS 2023 SEC.6,17 OF POCSO ACT 2012 REGISTERED BY THE DODDAPETE POLICE IN CR.NO.244/2025 AND ETC. 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.4 in Special Case No.268/2025, pending before the Court of Additional District and Sessions Judge, FTSC-I (POCSO), Shivamogga arising out of Crime No.244/2025 registered by Doddapete Police Station, Shivamogga, for the offences punishable under Sections 70(2), 74, 96 read with Section 3(5) of Bharatiya Nyaya - 3 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 Sanhita, 2023 and Sections 6 and 17 of Protection of Children From Sexual Offences Act, 2012, is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard learned Counsel for the parties. 3. FIR in Crime No.244/2025 was registered by Doddapete Police Station, Shivamogga, for the aforesaid offences against Chandu and others, based on the first information dated 20.07.2025 received from the victim girl who was allegedly 14 years as on the said date. Petitioner who is arraigned as accused No.4 in the FIR was arrested on 22.07.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and the petitioner herein is arraigned as accused No.4 in the charge sheet. His bail application filed before the Trial Court in Special Case No.268/2025 was rejected on 21.01.2026. Therefore, the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 4. Learned counsel appearing on behalf of the petitioner submits that petitioner aged about 24 years has no criminal antecedents. The DNA test report which is secured subsequent to filing of the charge sheet makes the case of the prosecution doubtful. Statement of the victim girl recorded under Section 183 of BNSS 2023, is not consistent with the allegations found in the first information. Accordingly, the learned Counsel prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the bail petition submits that victim girl was aged about 14 years and she has made serious allegations against accused of committing gang rape. Accordingly, she prays to dismiss the petition. 6. In the first information dated 20.07.2025 submitted by the victim girl, she has stated that after the death of her mother, her father had contracted a second marriage. She had subsequently come to Shivamogga seeking employment and she had met accused No.1 at - 5 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 Shivamogga bus stand and had developed friendship with him. Accused Nos.2 to 4, who are friends of accused No.1 also developed friendship with her and the said accused persons often took her to a dilapidated Godown near the Private bus stand at Shivamogga and had forcible sexual intercourse with her and also ill-treated her during the course of their sexual activity. 7. It is under these circumstances, FIR was registered for the aforesaid offences against Chandu and others. The petitioner who was arraigned as accused No.4 in the FIR was arrested and remanded to judicial custody on 22.07.2025. After completing investigation, charge sheet has been filed as against five persons for the aforesaid offences. The Trial Court, having appreciated the nature of allegations found against the accused persons in the first information as well as in the charge sheet, had rejected the bail petition of the petitioner on 21.01.2026. 8. The material made available to this Court would reveal that subsequently, the DNA test report from the - 6 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 Forensic Science Laboratory has been received on 27.01.2026. The DNA test report dated 24.12.2025 received on 27.01.2026 by the Police Inspector attached to Doddapete Police Station reflects that none of the accused named in the charge sheet is the biological father of the product of conception sent to the Forensic Science Laboratory after the foetus of the victim girl, who was pregnant was removed and forwarded for DNA test with the consent of the Trial Court. 9. The statement of the victim under Section 183 of BNSS 2023, has been recorded by the jurisdictional Magistrate on 29.07.2025. A reading of the same would go to show that the said statement is not consistent with the allegations made by the victim girl as against the accused in the first information submitted before the police, which has resulted in registering the FIR in Crime No.244/2025 for the aforesaid offences against the accused persons. Petitioner who is arraigned as accused No.4 in the present case and who has no other criminal antecedents is in - 7 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 custody from 22.07.2025 onwards. Trial in the case is yet to commence. In view of the aforesaid discrepancies found in the material on record, a serious doubt arises with regard to the allegations made against the petitioner in the charge sheet. 10. Therefore, I am of the opinion that the prayer for regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The Criminal petition is allowed. Petitioner/Accused No.4 is directed to be enlarged on bail in Special Case No.268/2025, pending before the Court of Additional District and Sessions Judge, FTSC-I (POCSO), Shivamogga arising out of Crime No.244/2025 registered by Doddapete Police Station, Shivamogga, for the offences punishable under Sections 70(2), 74, 96 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 17 of Protection of Children From Sexual Offences Act, 2012, subject to the following conditions; - 8 - HC-KAR NC: 2026:KHC:29090 CRL.P No. 4211 of 2026 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 case registered against him is disposed of. Sd/- (S. VISHWAJITH SHETTY) JUDGE JT/- CT:JL