- 1 - HC-KAR NC: 2026:KHC:30025 CRL.P No. 5640 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5640 OF 2026 BETWEEN: SRI PUNITH B.R S/O RAJU B.R AGED 32 YEAS RESIDING ATMURNAD VILLAGE AND POST MADIKERI TALUK KODAGU DISTRICT - 571 201. …PETITIONER (BY SRI RAVICHANDRA S.N, ADV.) AND: 1. THE STATE OF KARNATAKA KODAGU WOMAN POLICE STATION REP., BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. SMT. SHOBHA W/O RUPESH KUMAR AGED ABOUT 43 YEARS RESIDING AT MURNAD VILLAGE AND POST, MADIKERI TALUK KODAGU DISTRICT - 571 201. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, 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 ENLARGE THE PETITIONER ON BAIL ON THE FILE PENDING BEFORE THE PRL.DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI DISTRICT IN SPL.C.NO.135/2025 FILED ON 17.12.2025 FOR THE OFFENCE P/U/S 64(2)(i), 64(2)(m) OF BNS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30025 CRL.P No. 5640 of 2026 2023 AND SEC.6 OF POCSO ACT 2012 WHERE THE PETITIONER IS ARRAYED AS ACCUSED. 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 Special Case No.135 of 2025 pending before Court of Principal District and Sessions Judge, Kodagu - Madikeri arising out of Crime No.40 of 2025 registered By Kodagu Women Police Station for offences punishable under Section 64(2)(l), 64(2)(m) of BNS, 2023 and Section 6 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 and learned HCGP on behalf of respondent no.1. Respondent no. 2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime of 40/2025 was registered by Kodagu Women Police Station initially for the offence punishable under Section 64(2) of BNS, 2023 and Section 6 of POCSO Act, 2012 - 3 - HC-KAR NC: 2026:KHC:30025 CRL.P No. 5640 of 2026 against petitioner herein, based on the first information dated 25.10.2025 received from respondent no.2, who is the mother of the victim girl, aged 17 years, who was studying in second year PUC. During the course of investigation, Petitioner was arrested on 25.10.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.62/2026 was rejected on 02.03.2026. Therefore, he is before this Court. 4. In the first information which is submitted by the mother of the victim girl, she has stated that the victim girl was studying in second year PUC and was aged about 17 years. On 24.10.2025, victim girl had complained about stomach pain and therefore, first informant and her husband took the victim girl to a hospital and in the said hospital the medical officer had informed the parents of the victim girl that the victim girl was pregnant. On enquiry the victim girl informed that she was in love with the petitioner and they had sexual intercourse and as a result she had conceived. It is under these circumstances FIR - 4 - HC-KAR NC: 2026:KHC:30025 CRL.P No. 5640 of 2026 came to be registered against the petitioner for the aforesaid offences. 5. Perusal of the material on record would go to show that, victim girl was studying in second year PUC and she had already completed 17 years of age as on the date of first information. Therefore, the victim girl had all the worldly knowledge about the consequences of the act committed by her. In the first information as well as in the statement of the victim girl, it is stated that petitioner and the victim girl were in love. In the DNA test report, it is stated that, paternity of the fallopian tube with ectopic gestation sac sent in Item No.1 could not be established due to the absence of embryonic content. 6. Petitioner having no criminal antecedent is in custody from 25.10.2025 onwards. Investigation of the case is completed and charge sheet is filed. Trial in the case is yet to commence. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 5 - HC-KAR NC: 2026:KHC:30025 CRL.P No. 5640 of 2026 7. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.135 of 2025 pending before Court of Principal District and Sessions Judge, Kodagu - Madikeri arising out of Crime No.40 of 2025 registered By Kodagu Women Police Station for offences punishable under Section 64(2)(l), 64(2)(m) of BNS, 2023 and Section 6 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. - 6 - HC-KAR NC: 2026:KHC:30025 CRL.P No. 5640 of 2026 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 NMS List No.: 1 Sl No.: 73