- 1 - HC-KAR NC: 2026:KHC:33061 CRL.P No. 7219 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7219 OF 2026 BETWEEN: KIRAN KUMAR S/O PULLANNA AGED ABOUT 21 YEARS R/O. BHAGATHNAGARA BIRUR TOWN KADUR TALUK. …PETITIONER (BY SRI NATARAJ D, ADV.) AND: 1. STATE OF KARNATAKA BY BIRUR P.S, CHIKKAMAGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, OFF AT HIGH COURT OF KARNATAKA, BENGALURU - 56 0001. 2. SRI SURESHA S/O BASAVARAJ AGED ABOUT 36 YEARS R/O. NO. 22, 4TH CROSS 1ST MAIN, SIDDAPPA LAYOUT KONANAKUNTE CROSS BANGALORE-560 062 BENGALURU CITY KARNATAKA. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL UNDER SEC.483 OF THE CODE OF BNSS 2023 IN SPL.C.NO.138/2025 (CR.NO.147/2025) OF RESPONDENT P.S. REGISTERED FOR THE OFFENCE P/U/S SEC.137(2),87,64(2)(m),65(1),127(4),118(1),351(2) OF BNS 2023 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33061 CRL.P No. 7219 of 2026 AND SEC.6 OF POCSO ACT 2012 REGISTERED AT BIRUR P.S. PENDING BEFORE THE HONBLE ADDL.DIST. AND SESSIONS JUDGE FTSC-1 AT CHIKKAMAGALURU. 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 Crime No.147/2025 registered by Birur Police Station, Chikkamagaluru, for the offences punishable under Sections 137(2), 87, 64(2)(m), 65(1), 127(4), 118(1) and 351(2) of BNS, 2023 and Section 6 of the 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 petitioner and the learned HCGP for respondent No.1 - State. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.147/2025 was registered by Birur Police Station, Chikkamagaluru, for the aforesaid offences against the petitioner herein based on the first information dated 25.09.2025 received from respondent No.2, who is the uncle of the victim girl. In the said case, petitioner herein was arrested - 3 - HC-KAR NC: 2026:KHC:33061 CRL.P No. 7219 of 2026 on 26.09.2025 and subsequently, remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Spl.C.(P)No.138/2025 was rejected on 17.12.2025. Therefore, he is before this Court. 4. In the first information, it is alleged that petitioner with a false assurance of marrying the victim girl had induced her to accompany him and thereafter, had committed sexual assault on her multiple times and also had criminally intimidated her. The victim girl is now examined before the Trial Court as PW1. Since PW1 has denied that the petitioner had committed any kind of sexual assault on her, she was treated as a hostile witness by the prosecution and cross-examined by the Public Prosecutor. The submission made by learned counsel for the petitioner that even in the cross-examination, nothing incriminating is elicited as against the petitioner insofar as it relates to the allegation of he committing any kind of sexual assault on the victim girl, is not seriously disputed by learned HCGP. Petitioner aged about 21 years, having no criminal antecedents is in custody from 26.09.2025. Considering the - 4 - HC-KAR NC: 2026:KHC:33061 CRL.P No. 7219 of 2026 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. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.147/2025 registered by Birur Police Station, Chikkamagaluru, for the offences punishable under Sections 137(2), 87, 64(2)(m), 65(1), 127(4), 118(1) and 351(2) of BNS, 2023 and Section 6 of the POCSO 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; d) The petitioner shall not involve in similar offences in future; - 5 - HC-KAR NC: 2026:KHC:33061 CRL.P No. 7219 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 DN List No.: 1 Sl No.: 56