- 1 - HC-KAR NC: 2026:KHC:30569 CRL.P No. 4842 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4842 OF 2026 (438(CR.PC) / 482(BNSS)) BETWEEN: MADHUSHUDHAN @ SANTHOSHA S/O KUMARA AGED ABOUT 20 YEARS R/AT MEDARADODDI VILLAGE KASABA HOBLI, KANAKAPURA TALUK BENGALURU SOUTH TALUK-562 159 …PETITIONER (BY SRI. A.N. RADHA KRISHNA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KANAKAPURA RURAL POLICE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. 2. SRI. PUTTARAJU S/O MANCHAIAH AGED ABOUT 42 YEARS R/AT MEDARADODDI VILLAGE KASABA HOBLI, KANAKAPURA TALUK BENGALURU SOUTH DISTRICT PIN-562 159. …RESPONDENTS (BY SRI.RANGASWAMY R, HCGP FOR R1: NOTICE TO R2 IS HELD SUFFICIENT) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.171/2025 OF KANAKAPURA RURAL POLICE NOW PENDING IN SPECIAL CASE NO.24/2026 ON THE FILE OF THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30569 CRL.P No. 4842 of 2026 RAMANAGARA FOR OFFENCES P/U/S 19, 4, 5(L), 6 OF POCSO ACT AND U/S 137(2), 127(3) AND 64 OF BNS 2023. 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 Special Case No. 24/2026, pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.171/2025 registered by the Kanakapura Rural Police Station for offences punishable under Sections 137(2), 127(3), 64 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS, 2023' for short) and Sections 4, 5(l), 6, 19 of POCSO Act, is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned HCGP appearing for respondent No.1-State. Respondent No.2 is served in the matter and has remained unrepresented before this Court. - 3 - HC-KAR NC: 2026:KHC:30569 CRL.P No. 4842 of 2026 3. The FIR in Crime No.171/2025 was registered by Kanakapura Rural Police Station initially for the offence punishable under Section 137(2) of BNS 2023 against unknown persons based on the first information dated 09.12.2025 received from respondent No.2, who is the father of the victim girl, aged 16 years. In the said case, the petitioner was arrested on 15.12.2025 and remanded to judicial custody. Investigation of the case has been completed and charge sheet has been filed against the petitioner and two others for the aforesaid offence. The bail application of the petitioner filed before the Trial Court in Criminal Misc.No.14/2026 was rejected on 12.03.2026. Therefore, the petitioner is before this Court. 4. FIR in the present case was initially registered for offence punishable Section 137(2) of BNS, 2023, after the victim girl, aged 16 years was found missing from her house on 08.12.2025. Subsequently, the victim girl was traced and she was subjected to medical examination and her statement was also recorded under Section 183 of - 4 - HC-KAR NC: 2026:KHC:30569 CRL.P No. 4842 of 2026 BNSS 2023 by the Court of Jurisdictional Magistrate. Investigation of the case has been completed and charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. The charge sheet material, the medical reports as well as the statement of the victim girl before the doctor, who had medically examined her, would go to show that the petitioner and the victim were in love with each other. 5. It is not in dispute that the petitioner, aged 20 years, has no criminal antecedents. In the statement recorded under Section 183 of BNSS 2023 before the Jurisdictional Court of Magistrate, the victim girl has not made any allegations against the petitioner, which would attract the offences for which he is now charge sheeted. 6. Under the circumstances, though there is a presumption under Section 29 of the POCSO Act, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions: - 5 - HC-KAR NC: 2026:KHC:30569 CRL.P No. 4842 of 2026 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in in Special Case No. 24/2026, pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.171/2025 registered by the Kanakapura Rural Police Station for offences punishable under Sections 137(2), 127(3), 64 of Bharatiya Nyaya Sanhita, 2023 and Sections 4, 5(l), 6, 19 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 his appearance for valid reasons; - 6 - HC-KAR NC: 2026:KHC:30569 CRL.P No. 4842 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 DM LIST NO.: 1 SL NO.: 63