Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32774 CRL.P No. 7693 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7693 OF 2026 BETWEEN:
S. PREMKUMAR S/O SHIVAKUMAR AGED ABOUT 20 YEARS R/AT NO.90, TATA VALLI THIRUPATHUR, KURUMBAKERI VELLORE DISTRICT, TAMIL NADU PRESENTLY RESIDING AT NO.40, C/O MUKESH NEAR KELAVARAPALLI DAM HOSUR, TAMIL NADU. …PETITIONER (BY SRI NALINI D, ADV.) AND:
1.
STATE BY K.G. HALLI POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.
2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1;
SMT. AMRUTHA M.R, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.51/2026 REGISTERED BY K.G. HALLI POLICE STATION, BENGALURU, NOW PENDING IN SPL. C.C. NO.811/2026 ON THE FILE OF THE HONBLE FTSC-III COURT, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 64 OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 4, 5(j)(ii), 5(l) AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32774 CRL.P No. 7693 of 2026
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 in Spl.CC.No.811/2026 pending before the Court of FTSC-III, Bengaluru, arising out of Crime No.51/2026 registered by Kadugondana Halli Police Station, Bengaluru City, registered for the offences punishable under Section 64 of BNS, 2023, and Sections 4, 5(j)(ii), 5(l) & 6 of the POCSO Act, 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.51/2026 was registered by Kadugondana Halli Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 06.02.2026 received from the victim girl. During the course of investigation, petitioner was arrested on 06.02.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner
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HC-KAR NC: 2026:KHC:32774 CRL.P No. 7693 of 2026
for the aforesaid offences. His bail application filed before the Trial Court was rejected, and therefore, he is before this Court.
4. Perusal of the material on record would go to show that petitioner aged 20 years and the victim girl who is aged 17 years are in love. As a result of the consensual sex between the petitioner and the victim girl, the victim girl got pregnant and after her parents came to know about the same, she had approached the police and submitted her first information, based on which, FIR was registered against the petitioner.
5. The victim girl has not made any serious allegations against the petitioner in her statement recorded under Section 183 of BNSS, 2023, before the jurisdictional Magistrate. She has stated that she is in love with the petitioner and since she missed her periods, she had gone to the hospital where she was diagnosed to be pregnant. Thereafter, the hospital authorities informed the police, and therefore, she has given a complaint against the petitioner.
6.
Learned Counsel for respondent no.2, on instructions, submits that parents of the petitioner and the parents of victim
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HC-KAR NC: 2026:KHC:32774 CRL.P No. 7693 of 2026
girl have decided to perform their marriage after the victim attains the age of majority.
7. Investigation of the case is completed and charge sheet has been filed. Petitioner, who is aged about 20 years without any criminal antecedents, is in custody for the last more than four months. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:
8. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.811/2026 pending before the Court of FTSC-III, Bengaluru, arising out of Crime No.51/2026 registered by Kadugondana Halli Police Station, Bengaluru City, registered for the offences punishable under Section 64 of BNS, 2023, and Sections 4, 5(j)(ii), 5(l) & 6 of the 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
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HC-KAR NC: 2026:KHC:32774 CRL.P No. 7693 of 2026
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
KK