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2026 DAILYLAW 22529 (KAR)

SHEKHAR R v. STATE OF KARNATAKA BY

CRL.P/2234/2026 · 2026-06-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30280 CRL.P No. 2234 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. 2234 OF 2026 BETWEEN: SHEKHAR R S/O. RAJANNA, AGED ABOUT 22 YEARS, RESIDING AT GUNDUMEGERE VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK (IN JUDICIAL CUSTODY) …PETITIONER (BY SRI. RAVANAPPA V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO, BANGALORE DISTRICT WOMEN P.S., DODDABALLAPURA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURTS, BANGALORE – 560 001 2. SMT. CHAYADEVI W/O. PADMANABHAREDDY, AGED ABOUT 42 YEARS, RESIDING AT GUNDUMEGERE VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK BENGALURU – 561 203. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 SMT. SPOORTHI LOTHA, ADVOCATE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30280 CRL.P No. 2234 of 2026 SMT. ANANYA BHAT, ADVOCATE FOR SRI. A.S. VISWAJITH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.439 Cr.P.C. (FILED U/S.483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.263/2025 IN SPL.C.C.NO.41/2026 FOR ALLEGED OFFENCE P/U/S 137(2) OF BNS AND SEC.4(2), 5(L), 5(G), 6, 8, 12 OF POCSO ACT REGISTERED BY THE BENGALURU DISTRICT WOMEN POLICE, NOW PENDING ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU (FTSC I) IN THE INTEREST OF JUSTICE. 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.2 in Spl.C.No.41/2026 pending before the Court of Additional District and Sessions Judge (FTSC- I), Bengaluru Rural District, Bengaluru, arising out of Crime No.263/2025 registered by the Bangalore District Women Police Station for offences punishable under Section 137(2) of Bharatiya Nyaya Sanhita, 2023, and - 3 - HC-KAR NC: 2026:KHC:30280 CRL.P No. 2234 of 2026 Sections 4(2), 5(l), 5(g) 6, 8 and 12 of POCSO Act, is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the petitioner, learned HCGP appearing for respondent No.1- State and learned counsel appearing for respondent No.2. 3. FIR in Crime No.263/2025 was registered by the Bengaluru District Women Police Station for the aforesaid offences against Abhishek and others based on the first information dated 14.11.2025 received from the respondent No.2, who is the mother of the victim girl, who was studying in 10th standard. During the course of investigation, petitioner herein, who is arraigned as accused No.2 in the FIR, was arrested on 14.11.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against six - 4 - HC-KAR NC: 2026:KHC:30280 CRL.P No. 2234 of 2026 persons, out of which, three are minors. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.2345/2025 was rejected on 08.12.2025. Therefore, he is before this Court. 4. Learned counsel appearing for the petitioner reiterating the grounds of the petition submits that except the petitioner, all other accused have been released on bail in the present case. He submits that considering the nature of allegations found in the first information as well as in the charge sheet, the case of the prosecution becomes doubtful. He submits that petitioner has no other criminal antecedents and he is in custody for the last more than 7 months. Since charge sheet is now filed, his custody is no more required and allegations found in the charge sheet are required to be proved in a full fledged trial. Accordingly, prays to allow this petition. 5. Per contra, learned HCGP appearing on behalf of the respondent No.1 and learned counsel appearing for the - 5 - HC-KAR NC: 2026:KHC:30280 CRL.P No. 2234 of 2026 respondent No.2 have opposed the bail petition. They submit that allegation of having penetrative sexual assault is only as against the petitioner herein and other minor accused. So far as accused Nos.5 and 6 are concerned, the only allegation against them is that they had touched the victim girl inappropriately. Under these circumstances, accused Nos.5 and 6 have been granted regular bail by this Court in Criminal Petition No.17334/2025 dated 03.02.2026. Accordingly, they pray to dismiss the petition. 6. FIR in the present case was registered based on the first information dated 14.11.2025 received from the mother of the victim girl, studying in 10th Standard, who was found to be pregnant. In the first information, petitioner is arraigned as accused No.2. During the course of investigation, he was arrested on 14.11.2025. After completing investigation, charge sheet has been filed against six persons, out of which, J1, J3 and J4 are minors and Accused Nos.2, 5 and 6 are majors. - 6 - HC-KAR NC: 2026:KHC:30280 CRL.P No. 2234 of 2026 7. Allegation of committing penetrative sexual assault on the victim girl, who was then aged about 14 years, is found in the charge sheet only as against accused Nos.1, 2, 3 and 4. Accused Nos.1, 3 and 4 are juvenile. So far as accused Nos.5 and 6 are concerned, allegation as against them in the first information as well as in the charge sheet is that they had inappropriately touched the victim girl along with the other accused persons. It is under these circumstances, accused Nos.5 and 6 have been granted regular bail by this Court in Criminal Petition No.17334/2025 dated 03.02.2026. So far as the petitioner is concerned, there is a serious allegation of committing penetrative sexual assault on the victim girl multiple times. As a result of the sexual assault by the petitioner and other juvenile accused, the victim girl had conceived and her pregnancy was terminated in Vanivilas hospital on 28.11.2025. May be the DNA test report is not very conclusive, but the allegation made against the petitioner is very serious. - 7 - HC-KAR NC: 2026:KHC:30280 CRL.P No. 2234 of 2026 8. Under the circumstances, I am of the opinion that the petitioner is not entitled for the relief sought in this petition. Accordingly, the following order: ORDER Criminal petition is dismissed. It is needless to state that the Trial Court shall make all endeavours to expedite the trial and dispose of the case on merits as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE DM CT:VS List No.: 1 Sl No.: 38