- 1 - HC-KAR NC: 2026:KHC:30459 CRL.P No. 6902 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. 6902 OF 2026 BETWEEN: SRI SHIVAKUMAR S/O SRI RAMAIAH AGE 37 YEARS R/AT: NEAR NEW HARDICH INDIAN SCHOOL, KODIGEHALLI BENGALURU - 560 092. …PETITIONER (BY SRI RAVINDRA PRASAD B, ADV.) AND: 1. THE STATE OF KARNATAKA BY TAVAREKERE POLICE STATION BENGALURU SOUTH MAGADI SUB - DIVISION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY, HCGP FOR R-1; V/O DTD:19.06.2026 NOTICE TO R-2 IS HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND ORDER OF HIS RELEASE ON BAIL IN CRIME NO.0085/2026 OF TAVAREKERE POLICE STATION PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, II FAST TRACK COURT, BENGALURU RURAL DISTRICT BENGALURU FOR THE OFFENCES P/U/S 4 AND 6 OF THE POCSO ACT AND SECTION 65(2) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30459 CRL.P No. 6902 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Spl.C.No.544/2026 pending before the Court of Addl. District & Sessions Judge, FTC-2, Bengaluru Rural District, Bengaluru, arising out of Crime No.85/2026 registered by Tavarekere Police Station, Bengaluru South District, for the offences punishable under Section 65(2) of BNS, 2023, and Sections 4 & 6 of POCSO Act, 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 the learned HCGP on behalf of respondent no.1-State. Respondent no.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.85/2026 was registered by Tavarekere Police Station, Bengaluru South District, against the petitioner herein for the aforesaid offences based on the first information dated 26.03.2026 received from respondent no.2 who is the mother of the victim girl. In the present case, petitioner herein was arrested on 27.03.2026 and remanded to judicial custody. - 3 - HC-KAR NC: 2026:KHC:30459 CRL.P No. 6902 of 2026 His bail application filed before the Trial Court in Crl. Misc.No.694/2026 was rejected on 22.04.2026. Therefore, petitioner is before this Court. 4. FIR in the present case is submitted on 26.03.2026 alleging that on 25.03.2026 at about 11.00 a.m., victim girl who is the daughter of the first informant had gone out to play with the daughter of the petitioner herein and at about 12.15 p.m., she returned home and informed her mother that petitioner had inappropriately touched her and also kissed her lips and caused injuries. It is in this background, FIR was registered against the petitioner for the aforesaid offences. 5. Learned Counsel for the petitioner has produced material before this Court which would go to show that on 25.03.2026, first informant had gone to the police station and had submitted a complaint against the wife of the petitioner herein stating that when her daughter was playing with her friend, petitioner's wife Nandini who came there abused them in filthy language. Thereafter, the police had summoned the first informant and the petitioner's wife - Nandini and after recording their statement, has closed the NCR case that was - 4 - HC-KAR NC: 2026:KHC:30459 CRL.P No. 6902 of 2026 registered based on the complaint submitted by the first informant herein on 25.03.2026 in respect of the alleged incident that had taken place at about 12.00 p.m. on 25.03.2026. 6. The allegation now made in the present first information dated 26.03.2026 is that petitioner has committed the aforesaid offence for which he is now charge-sheeted for the alleged offences committed by him at about 11.00 a.m. on 25.03.2026. In view of the complaint lodged by the first informant on 25.03.2026, the allegation now made as against the petitioner is difficult to be believed. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.544/2026 pending before the Court of Addl. District & Sessions Judge, FTC-2, Bengaluru Rural District, Bengaluru, arising out of Crime No.85/2026 registered by Tavarekere Police Station, Bengaluru South District, for the - 5 - HC-KAR NC: 2026:KHC:30459 CRL.P No. 6902 of 2026 offences punishable under Section 65(2) of BNS, 2023, and Sections 4 & 6 of POCSO Act, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 her 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 KK