- 1 - HC-KAR NC: 2026:KHC:31166 CRL.P No. 2950 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2950 OF 2026 BETWEEN: NAGESHA @ SHILLI S/O NARASIMHAMURTHY AGED ABOUT 20 YEARS R/AT MATTI COLONY TAVAREKERE VILLAGE GOWDAGERE HOBLI SIRA TALUK, TUMAKURU DISTRICT - 572 139. …PETITIONER (BY SMT. SWATHI R BHAT, ADV., FOR SRI JAYANTHI R, ADV.) AND: 1. STATE OF KARNATAKA BY TAVAREKERE P.S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SMT. SHILPA RANI, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASED ON BAIL IN CONNECTION WITH CRIME NO.110/2025 (SPL.CC.NO.580/2025), PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE (FTC-1 SPL. COURT FRO POCSO CASES), TUMKURU DISTRICT, TUMKUR PERTAINING TO THE TAVAREKERE POLICE STATION FOR THE OFFENCE PUNISHABLE 64 OF BNS ACT, UNDER SECTION 6 OF POCSO ACT. 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:31166 CRL.P No. 2950 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Special C.C.No.580 of 2025, pending before the Court of Additional District and Session Judge (FTC- 1,. Special Court for POCSO cases), Tumakuru, arising out of Crime No.110 of 2025 registered by Tavarekere Police Station, Tumakuru, for offences punishable under Section 64 of BNS 2023 and Section 6 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 parties. 3. FIR in Crime No.110 of 2025 was registered by Thavarekere Police Station, Tumakuru for the aforesaid offences against the petitioner herein, based on the first information dated 30.09.2025 received from respondent no.2, who is the mother of the victim girl. In the said case, petitioner herein was arrested on 30.09.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application - 3 - HC-KAR NC: 2026:KHC:31166 CRL.P No. 2950 of 2026 filed before the jurisdictional Sessions Court in Crl.Misc.No.1877/2025 was rejected on 12.01.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is a youngster, aged about 20 years having no criminal antecedent. He is a close relative of the victim. In view of the family dispute, a false case has been registered against the petitioner. She submits that subsequent to registration of the FIR in the present case, on the basis of the first information received from the elder sister of the first informant in the present case, yet another case has been registered against the uncle of the victim with similar allegations. She submits that considering the alleged date of crime, in the subsequent FIR registered by Mandya Women Police Station in Crime No.68 of 2025, the allegations found in the present FIR and charge sheet becomes doubtful. 5. Per contra, learned HCGP for respondent no.1 and learned counsel appearing for the respondent no.2 have opposed the bail application. They submit that, petitioner is the - 4 - HC-KAR NC: 2026:KHC:31166 CRL.P No. 2950 of 2026 brother of the victim girl and he has committed a heinous offence by sexually assaulting the victim girl, who was staying in his house. They submit that, in event petitioner is enlarged on bail, he may tamper with the prosecution witnesses. Accordingly, they pray to dismiss the petition. 6. First information in the present case was submitted on 30.09.2025, by the mother of the victim girl, who was aged about 17 years as on the said date. In the first information of the present case, it is stated that, the first informant had some dispute with her husband. On 18.04.2025, her husband had taken her minor daughter to his brother Narasihamuthy's house and thereafter the victim girl was staying in the said house and attending school. It is alleged that, petitioner, who is the son of Narasihamurthy, had sexual intercourse with the petitioner in the said house multiple times. After receiving information about the same from her minor daughter, the first informant had approached the police on 30.09.2025. 7. Investigation of the present case in Crime No.110 of 2025 registered by Tavarekere Police Station was completed and charge sheet was submitted on 09.11.2025 against the - 5 - HC-KAR NC: 2026:KHC:31166 CRL.P No. 2950 of 2026 petitioner for the aforesaid offences. Learned counsel for the petitioner has produced charge sheet filed in Crime No.68 of 2025 registered by Mandya Women Police Station for offences punishable under Sections 137(2), 78, 87, 64(2)(m), 64(2)(f), 65(1) of BNS, 2023 and Sections 6, 10 and 12 of POCSO Act, 2012. In the said case, elder sister of the first informant herein had approached the police at Mandya on 10.10.2025 and submitted a first information alleging that one Manjunath, who is the uncle of the very same victim girl, had committed sexual assault on her for the period between 26.01.2025 to 28.02.2025. 8. FIR in the present case was registered on 30.09.2025. Victim girl was medically examined in the present case and her statement was also recorded before the jurisdictional Magistrate under Section 183 of BNSS, 2023. Even the police have recorded her statement in the present case during the course of investigation. But at any stage, the victim girl had not disclosed about the alleged act committed by Manjunath, in respect of which, a separate case has been now - 6 - HC-KAR NC: 2026:KHC:31166 CRL.P No. 2950 of 2026 registered before the Mandya Women Police Station, Mandya, with similar allegations. 9. In view of the aforesaid, as rightly pointed out by the learned counsel for the petitioner, a prima facie doubt arises with regard to the allegations found. Undisputedly, accused in both the cases are close relatives of the family of the victim. According to the learned counsel for the petitioner, they have been falsely implicated in view of certain family dispute. 10. Be that as it may, petitioner, who is aged about 20 years, having no criminal antecedent is in custody from 30.09.2025. Investigation of the case is completed. Continued detention of the petitioner in jail amongst hard core criminals may have an adverse impact on his mindset and future career. Under the circumstances, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following: ORDER Criminal petition is allowed. - 7 - HC-KAR NC: 2026:KHC:31166 CRL.P No. 2950 of 2026 The petitioner is directed to be enlarged on bail in Spl.C.C.No.580 of 2025, pending before the Court of Additional District and Session Judge (FTC-1, Special Court for POCSO cases), Tumakuru, arising out of Crime No.110 of 2025 registered by Tavarekere Police Station, Tumakuru, for offences punishable under Section 64 of BNS 2023 and Section 6 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. - 8 - HC-KAR NC: 2026:KHC:31166 CRL.P No. 2950 of 2026 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.: 47