- 1 - HC-KAR NC: 2026:KHC:32239 CRL.P No. 3838 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. 3838 OF 2026 BETWEEN: AVINASH K S/O LATE KARAIAH AGED ABOUT 22 YEARS, R/AT-ARATHIPALYA VILLAGE. HAROHALLI HOBALI AND TALUK, RAMNGARA DISTRICT - 562 112. …PETITIONER (BY SRI. NAGENDRA B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KANKAPURA RURAL POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. PADMA W/O LATE KRISHNAMURTHI AGED ABOUT 36 YEARS R/AT ARATHIPALYA VILLAGE, HAROHALLI HOBALI AND TALUK, RAMNGARA DISTRICT - 562 112. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32239 CRL.P No. 3838 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE ON BAIL, WHO IS ACCUSED IN SPL.C.NO.129/2024 (CR.NO.88/2024) BY THE KANAKAPURA RURAL P.S, FOR THE O/P/U/S 376 OF IPC, AND 4 AND 6 OF POCSO ACT, PENDING ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, AT RAMANAGARA IN RESPECT OF THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Special Case No.129/2024 pending before the Court of I Additional District and Sessions Judge, Ramanagar, arising out of Crime No.88/2024 registered by Kanakapura Rural Police Station, Ramanagar for the offences punishable under Sections 4 and 6 of POCSO Act, 2012 and under Section 376 of IPC, is before this Court in this petition filed under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent No.1. Respondent No.2 who is served has remained unrepresented before this Court. - 3 - HC-KAR NC: 2026:KHC:32239 CRL.P No. 3838 of 2026 3. FIR in Crime No.88/2024 was registered by Kanakapura Rural Police Station, Ramanagar for the aforesaid offences against the petitioner herein, based on the first information dated 24.05.2024 received from respondent No.2, the mother of the victim girl, who was aged 16 years 6 months as on the said date. During the course of investigation, the petitioner was arrested on 25.05.2024 and remanded to judicial custody. After completion of investigation, charge sheet was filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Special Case No.129/2024 was rejected by order dated 22.09.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the petitioner herein and the victim girl were in love and as a result of their consensual sexual intercourse, the victim became pregnant. Subsequently, her mother approached the police and lodged the first information, based on which FIR was registered against the petitioner for the aforesaid offences. The victim girl during the course of investigation has not co-operated for her medical examination and even in her - 4 - HC-KAR NC: 2026:KHC:32239 CRL.P No. 3838 of 2026 statement recorded under Section 164 of Cr.P.C before the jurisdictional Magistrate, she has stated that she and the petitioner were in love. It is brought to the notice of this Court by the learned counsel for the petitioner that the victim girl has been now examined before the trial Court and she has not supported the case of the prosecution. Petitioner who is aged 22 years, is in custody for the last more than 2 years. 5. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: 6. The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No. No.88/2024 registered by Kanakapura Rural Police Station, Ramanagar for the offences punishable under Sections 4 and 6 of POCSO Act, 2012 and under Section 376 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the - 5 - HC-KAR NC: 2026:KHC:32239 CRL.P No. 3838 of 2026 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; 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 AMM List No.: 1 Sl No.: 35