- 1 - HC-KAR NC: 2026:KHC:30362 CRL.P No. 4908 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4908 OF 2026 BETWEEN: MURUGESH S/O MALLESHAPPA AGED ABOUT 19 YEARS R/O HEREMAGADI VILLAGE SORABA TALUK, SHIVAMOGGA DIST. PIN- 577 427. …PETITIONER (BY SRI PRASHANTH D, ADV.) AND: 1. THE STATE BY SHIKARIPURA TOWN POLICE STATION SHIVAMOGGA REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; SMT. PUSHPALATHA Y ADV., FOR SRI KASHINATH J.B, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.200/2025 (CR.NO.86/2025) FOR OFFENCES P/U/S 4 AND 17 OF POCSO ACT AND SEC. 87 AND 64 OF BNSS ACT, AND REGISTERED BY SHIKARIPURA TOWN POLICE STATION AND PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, (POCSO) SHIVAMOGGA BY GRANTING BAIL. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30362 CRL.P No. 4908 of 2026 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 Spl.C.No.200/2025 pending before the Court of Addl. District and Sessions Judge, FTSC-I (POCSO) Shivamogga, arising out of Crime No.86/2025 registered by Shikaripura Police Station for the offences punishable under Section 87 & 64 of BNS, 2023 and Section 4 & 17 of the 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 parites. 3. FIR in Crime No.86/2025 registered by Shikaripura Police Station initially for the offence punishable under Section 137(2) of BNS, 2023 against unknown person, based on the first information dated 07.05.2025 received from respondent no.2, who is the mother of the victim girl who was aged about 16 years. In the said case, the petitioner was arrested on 10.05.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against three persons and - 3 - HC-KAR NC: 2026:KHC:30362 CRL.P No. 4908 of 2026 the petitioner herein is arraigned as accused no.1 in the charge sheet. His bail application before the trial Court in Spl.C.no.200/2025 was rejected on 09.03.2026. Therefore, he is before this Court. 4. In the first information mother of the victim girl has stated that her minor daughter aged 16 years, who had gone out of the house on 06.05.2025 stating that she would be going to her school, had not returned home. Efforts made to trace her had failed and therefore on the next day she had approached the police. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested on 10.05.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offence. 5. In the charge sheet it is alleged that the petitioner and the victim girl were acquainted to each other and they were often speaking to each other over their mobile phone. Subsequently, they started loving each other. On 06.05.2025 the victim girl - CW.2 informed her mother that she would be - 4 - HC-KAR NC: 2026:KHC:30362 CRL.P No. 4908 of 2026 going to her friend's house and thereafter she went with the petitioner from Shikaripura to Shivamogga in a private bus and subsequently, travelled to Mangaluru. They developed friendship with accused no.2, autorikshaw driver at Mangaluru, who had given shelter to them. Subsequently, they petitioner allegedly sold the gold chain of the victim girl for a sum of Rs.1,40,000/- and purchased a second hand car for a sum of Rs.75,000/- and they had travelled in the said car from Bengaluru to Murdeswar via Hassan - Sakaleshapura. It is further alleged that the petitioner had sexual intercourse with the victim girl in the said car. 6. From the aforesaid it appears that the petitioner and the victim girl who were in love had voluntarily left their house and travelled together. The petitioner who was aged 18 years as on the date of his arrest is in custody for the last more than one year. The petitioner as well as the victim girl are adolescents and the victim girl who was 16 years of age, had the worldly knowledge about the consequences of the act committed by her. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, the - 5 - HC-KAR NC: 2026:KHC:30362 CRL.P No. 4908 of 2026 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 Spl.C.No.200/2025 pending before the Court of Addl. District and Sessions Judge, FTSC-I (POCSO) Shivamogga, arising out of Crime No.86/2025 registered by Shikaripura Police Station for the offences punishable under Section 87 & 64 of BNS, 2023 and Section 4 & 17 of the 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; - 6 - HC-KAR NC: 2026:KHC:30362 CRL.P No. 4908 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 NMS List No.: 1 Sl No.: 50