- 1 - HC-KAR NC: 2026:KHC:32498 CRL.P No. 7391 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7391 OF 2026 BETWEEN: RAJU @ RAJAKUMARA S/O RATHNAKARA AGED ABOUT 29 YEARS R/AT BHAIRNAHALLI VILLAGE SHIKARIPURA TALUK SHIVAMOGGA - 577 427. …PETITIONER (BY SRI K.V. SATEESHCHANDRA, ADV.) AND: 1. THE STATE OF KARNATAKA BY KOTE POLICE STATION SHIVAMOGGA - 577 201 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. MRS. SOWMYA W/O DATTATHREYA AGED ABOUT 37 YEARS R/AT OLD POST OFFICE ROAD BESIDE CHINMAYA MISSION COMPOUND, NANDHI CHARTS PAVAN APARTMENT 3RD FLOOR, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FRO R-1; SMT. RAMYA, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.98/2026 (CRIME NO.11/2026) OF KOTE POLICE STATION, FOR THE ALLEGED OFFENCE P/US/ 376(N) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32498 CRL.P No. 7391 of 2026 OF IPC AND SEC.137(2) OF BNS 2023 AND SEC.6,11,12 OF POCSO ACT ON THE FILE OF THE COURT OF THE ADDL DISTRICT AND SESSIONS JUDGE, FTSC I (POCSO) AT SHIVAMOGGA AND DIRECT THE PETITIONER BE RELEASED ON BAIL. 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 Spl.Case.No.98/2026 pending before the Court of Additional District and Sessions Judge, FTSC-1, Shivamogga, arising out of Crime No.11/2026 registered by Kote Police Station, Shivamogga, for the offences punishable under Section 137(2) of BNS, 2023, Section 376(n) of IPC and Sections 6, 11, 12 and 17 of the Protection of Children from Sexual Offences 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.11/2026 was registered by Kote Police Station, Shivamogga, against the petitioner herein, initially for the offences punishable under Section 137(2) of BNS, 2023 and Sections 8 and 12 of the POCSO Act, based on the first information dated 15.01.2026 received from respondent No.2, - 3 - HC-KAR NC: 2026:KHC:32498 CRL.P No. 7391 of 2026 who is the mother of the victim girl. During the course of investigation, petitioner herein was arrested on 16.01.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Spl.C.No.98/2026 was rejected on 02.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that victim has not made any allegation in her statement recorded before the jurisdictional Magistrate under Section 183 of BNSS, 2023, which would attract the offence punishable under Section 6 of the POCSO Act. He submits that petitioner, who has no other criminal antecedents, is in custody for the last more than 5 months. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP for respondent No.1 and learned counsel for respondent No.2 have opposed the petition. They submit that victim is a minor and her medical records - 4 - HC-KAR NC: 2026:KHC:32498 CRL.P No. 7391 of 2026 would go to show that her hymen was ruptured and before the Doctor, she had given a history of sexual assault by the petitioner. They submit that, in the event petitioner is enlarged on bail, he may tamper with the material prosecution witnesses. Accordingly, they pray to dismiss the petition. 6. First information was submitted by the mother of the victim girl alleging that the petitioner, who hails from their village used to approach the victim girl stating that he was in love with her and he also used to inappropriately touch her. Though the parents had advised victim girl, petitioner and the victim girl were found to be roaming together and on 14.01.2026, after the first informant had advised the victim girl not to keep contact with the petitioner, the victim girl had allegedly left the house and efforts made to trace her had failed. It is under these circumstances, FIR was registered against the petitioner initially for the offences punishable under Section 137(2) of BNS, 2023 and Sections 8 and 12 of the POCSO Act. During the course of investigation, petitioner and the victim girl were traced. The petitioner was arrested on 16.01.2026 and remanded to judicial custody. - 5 - HC-KAR NC: 2026:KHC:32498 CRL.P No. 7391 of 2026 7. The statement of the victim girl under Section 183 of BNSS, 2023 was initially recorded by the Court of jurisdictional Magistrate on 23.01.2026. In the said statement, the victim girl has stated that after she had fought with her mother, she had left her house and had gone to Shikaripura and contacted the petitioner over telephone. Petitioner, who came there, allegedly advised her and thereafter, dropped her in her friend's house and on the next day, she returned home. Except the same, she had not made any other allegation as against the petitioner in her statement recorded under Section 183 of BNSS, 2023 on 23.01.2026. Victim's further statement under Section 183 of BNSS, 2023, was recorded on 20.02.2026 and in the said statement, she has stated that petitioner had inappropriately touched her private part and after her grandfather came, he allegedly went away. She has not made any such statement which would attract the offence punishable under Section 6 of the POCSO Act. Petitioner, who has no other criminal antecedents is in custody from 16.01.2026. Investigation of the case is completed and charge sheet is filed. Under the circumstances, I am of the opinion that the prayer made by the - 6 - HC-KAR NC: 2026:KHC:32498 CRL.P No. 7391 of 2026 petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.Case.No.98/2026 pending before the Court of Additional District and Sessions Judge, FTSC-1, Shivamogga, arising out of Crime No.11/2026 registered by Kote Police Station, Shivamogga, for the offences punishable under Section 137(2) of BNS, 2023, Section 376(n) of IPC and Sections 6, 11, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) Petitioner shall execute a 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2026:KHC:32498 CRL.P No. 7391 of 2026 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 DN List No.: 1 Sl No.: 62