- 1 - HC-KAR NC: 2026:KHC:30131 CRL.P No. 2752 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. 2752 OF 2026 BETWEEN: SRI NARASIMHA NAIKA S/O MUNISWAMY AGED ABOUT 27 YEARS RESIDING AT DODDA KARAKA MAKALA HALLI, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI KARTHIK B.Y, ADV.) AND: 1. THE STATE OF KARNATAKA BY STATION HOUSE OFFICER KENCHARLAHALLI POLICE STATION CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BANGALORE - 560 001. 2. SMT. SUGUNA W/O VISHWANATH AGED ABOUT 29 YEARS RESIDING AT DODDA KARAKA MAKALA HALLI VILLAGE CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; VIDE ORDER DATED 18.06.2026 NOTICE TO R-2 IS HELD SUFFICIENT) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30131 CRL.P No. 2752 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE ACCUSED NO.1 IN SPL.S.C.NO. 106/2025 ARISING OUT OF CRIME NO. 0097/2025 DATED 10.05.2025, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 64, 126 (2), 352, 351 (2) OF THE BARATIYA NYAYA SANHITA (BNS) AND SECTION 4, 8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 PENDING ON THE FILE OF THE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT CHIKKABALLAPURA. 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.S.C.No.106 of 2025 pending before the Court of Additional District & Sessions Judge, FTSC-I (POCSO) at Chikkaballapura, arising out of Crime No.97/2025 registered by Kencharlahalli Police Station, Chikkaballapura for offences punishable under Section 65(1), 126(2), 352, 351(2), 329(4) of BNS, 2023 and Sections 4(2), 8 and 12 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 - HC-KAR NC: 2026:KHC:30131 CRL.P No. 2752 of 2026 3. FIR in Crime No.97 of 2025 was registered by Kencharalahalli Police Station, Chikkaballapura District, initially, for offences punishable under Sections 352, 351(2) of BNS, 2023 and Section 8 and 12 of POCSO Act, 2012 as against one Thirumalesh, based on the first information dated 10.05.2025, received from respondent no.2, who is the mother of the minor victim girl. During the course of investigation, petitioner herein was arrested on 11.05.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. Petitioner herein is arraigned as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Special S.C.No.106 of 2025 was rejected on 06.12.2025. Therefore, he is before this Court. 4. Material on record would go to show that, first information was submitted by the mother of the victim girl after she received information from her minor daughter that on 07.05.2025 when she was in her house, accused no.2 - Tirumalesh who came to her house, gave her his mobile phone number and also touched her private parts inappropriately and - 4 - HC-KAR NC: 2026:KHC:30131 CRL.P No. 2752 of 2026 thereafter left the place after criminally intimidating her. It is under these circumstances, FIR was registered against Thirumalesh on 10.05.2025. 5. During the course of investigation, the statement of the victim girl was recorded under Section 161 and 164 of Cr.P.C, and in the said statement, victim girl has stated that one Naik, had developed intimacy with her and he had sexual intercourse with her. Neither in her statement recorded under Section 161 of Cr.P.C, or in her statement under Section 164 of Cr.P.C, the victim has mentioned the name of the petitioner. It appears that during the course of her medical examination, she had informed the medical officer that she also had sexual intercourse with the petitioner herein and it is under these circumstances, petitioner is arraigned as an accused No.1 in the present case. 6. The petitioner, who is aged 26 years having no other criminal antecedent is in custody in the present case for the last more than one year. Accused no.2, who was arrested in the present case, has been granted regular bail by the Co- - 5 - HC-KAR NC: 2026:KHC:30131 CRL.P No. 2752 of 2026 ordinate Bench of this Court in Criminal Petition No.17348 of 2025 disposed of on 29.01.2026. 7. The medical records of the victim girl do not suggest of any forcible sexual intercourse. The trial in the case is yet to commence. The prosecution has cited 40 charge sheet witnesses in the present case and therefore the chances of the trial being completed and case being disposed of in near future is remote. Under the circumstances, I am of the view that, without expressing any opinion on merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following: ORDER Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.106 of 2025 pending before the Court of Additional District & Sessions Judge, at Chikkaballapura arising out of Crime No.97/2025 registered by Kencharlahalli Police Station, Chikkaballapura for offences punishable under Section 65(1), - 6 - HC-KAR NC: 2026:KHC:30131 CRL.P No. 2752 of 2026 126 (2), 352, 351(2) & 329(4) of BNS, 2023 and Sections 4(2), 8 and 12 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. 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.: 60