- 1 - HC-KAR NC: 2026:KHC:31302 CRL.P No. 2893 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2893 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: DINESHANAYAKA G T S/O THIPPESWAMY AGED ABOUT 24 YEARS COOLIE R/O HOSURU KAVALU VILLAGE CHALLAKARE TALUK CHITRADURGA DISTRICT-577527 …PETITIONER (BY SRI. KIRAN KUMAR H., ADVOCATE) AND: 1. STATE BY THALAK POLICE CHITRADURGA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. 2. PARASHURAMA S/O. GOWRISHANKARA AGED ABOUT 35 YEARS R/O HOSURU KAVALU VILLAGE CHALLAKARE TALUK CHITRADURGA DISTRICT-577527 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1: R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C (POCSO) NO.29/2025 ARISING OUT OF Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31302 CRL.P No. 2893 of 2026 CR.NO.215/2024 REGISTERED BY THE RESPONDENT NO.1 POLICE/ IN THALAK P.S., FOR THE OFFENCES P/U/S 137(2),115(2),352,127(2),64(1) R/W 3(5) OF BNS, 2023, U/S 4,6,12,17 OF POCSO ACT, 2012, PENDING BEFORE THE HON’BLE SPECIAL 2ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA. 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 (POCSO) No.29/2025 pending before the Court of Special, 2nd Additional District and Sessions Judge, Chitradurga, arising out of Crime No.215/2024 registered by Thalak Police Station, Chitradurga, for offences punishable under Sections 137(2), 115(2), 352, 127(2), 64(1) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Sections 4, 6, 12 and 17 of POCSO Act, 2012, is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’), seeking regular bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent No.1- - 3 - HC-KAR NC: 2026:KHC:31302 CRL.P No. 2893 of 2026 State. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in the present case was registered in Crime No.215/2024 by Thalak Police Station, Chitradurga, initially for offences punishable under Sections 137(2), 352, 115(2) read with Section 3(5) of BNS, 2023 against the petitioner, his parents and relative based on the first information dated 01.12.2024 received from respondent No.2, who is the father of the victim girl. In the said case, petitioner was arrested on 25.01.2025 and remanded to judicial custody. After completing investigation of the case, charge sheet is filed against four persons. Petitioner is arraigned as accused No.1, his mother and brother are arraigned as accused Nos.2 and 3 and one of his relative is arraigned as accused No.4 in the charge sheet. Bail application filed by the petitioner before the Trial Court in Special Case (POCSO) No.29/2025 was rejected on 09.02.2026. Therefore, he is before this Court. - 4 - HC-KAR NC: 2026:KHC:31302 CRL.P No. 2893 of 2026 4. FIR in the present case was registered against the petitioner and his family members initially only for offences punishable under Sections 137(2), 352, 115(2), read with 3(5) of BNS, 2023. In the first information, the father of the victim girl has stated that on 29.11.2024, when he and his wife were in their field grazing cattle, petitioner, who came there in a motorbike, forcibly took their minor daughter who was along with them, in his motorbike and went away. Efforts made to trace her had failed. 5. In respect of the alleged incident that had taken place at about 03.00 p.m. on 29.11.2024, belatedly, first information was submitted on 01.12.2024, based on which FIR was registered only for the aforesaid offences. Subsequently, the petitioner and the victim girl were traced and the petitioner was arrested on 25.01.2025. In the statement of the victim girl recorded under Section 183 of BNSS, 2023, she has stated that petitioner had taken her to his house and had confined her in a room and - 5 - HC-KAR NC: 2026:KHC:31302 CRL.P No. 2893 of 2026 subsequently, had sexual intercourse with her against her wishes. It is under these circumstances, charge sheet is now filed against the petitioner and his relatives for the aforesaid offences. 6. Medical records of the victim girl would go to show that the Medical Officer, who had examined the victim girl, has recorded that there were no signs of recent sexual assault. During the course of Trial, the prosecution has altogether examined 11 charge sheet witnesses as on this date as PW1 to PW10. 7. It is not in dispute that the victim girl, her parents and other material charge sheet witnesses are already examined completely before the Trial Court. Under the circumstances, there cannot be any apprehension that petitioner may tamper with the material charge sheet witnesses. 8. Petitioner, aged 24 years, who has no other criminal antecedent, is in custody for last nearly 1½ years. The - 6 - HC-KAR NC: 2026:KHC:31302 CRL.P No. 2893 of 2026 trial in this case is still under progress and therefore, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively without expressing any opinion on the merits and demerits of the case. 9. Accordingly, the following order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case (POCSO) No.29/2025 pending before the Court of Special, 2nd Additional District and Sessions Judge, Chitradurga, arising out of Crime No.215/2024 registered by Thalak Police Station, Chitradurga, for offences punishable under Sections 137(2), 115(2), 352, 127(2), 64(1) read with Section 3(5) of BNS, 2023 and Sections 4, 6, 12 and 17 of POCSO Act, 2012, 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; - 7 - HC-KAR NC: 2026:KHC:31302 CRL.P No. 2893 of 2026 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 DM LIST NO.: 1 SL NO.: 44