- 1 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6917 OF 2026 BETWEEN: 1. ANBALAGAN S/O MURUGAYIAN AGED ABOUT 60 YEARS R/O 93, 2ND MAIN, 4TH CROSS UDAYANAGARA, BANGALORE -560016 PERMANENT ADDRESS 9/17, MAYAPURI APARTMENT MALAI RANGANATHAN STREET T NAGARA, CHENNAI-600 017. …PETITIONER (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. SWAROOP .T, ADVOCATE) AND: 1. THE STATE BY POLICE INSPECTOR MAHADEVAPURA POLICE STATION BANGALORE REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE 560 001. 2. SMT. NEHA W/O LATE SHRAVAN KUMAR AGED ABOUT 36 YEARS R/O AT: 1ST, FLOOR, 93 2ND MAIN, 4TH CROSS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 UDAYANAGARA BANGALORE-560 016. …RESPONDENTS (BY SMT. RASHMI JADHAV, ASPP FOR R1; SRI. R. NATARAJ .D, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER (ACCUSED) ON BAIL PERTAINING TO CR.NO.207/2026 FOR THE OFFENCES P/U/S 7, 8, 9(L), 11 AND 12 OF THE POCSO ACT R/W SEC.351(2) OF THE BNS 2023, REGISTERED BY MAHADEVAPURA POLICE STATION AND PENDING ON THE FILE OF THE HONBLE FTSC-I, ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU. 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 Spl.C.C.No.1079/2026 pending before the Court of Additional City Civil and Sessions Judge, FTSC-1, Bengaluru arising out of Crime No.207/2026 registered by Mahadevapura Police Station, Bengaluru City for the offences punishable under Sections 7, 8, 9(l), 11, 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act, 2012) and Section 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court in this bail petition filed under Section 483 of Bharatiya - 3 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.207/2026 was registered by the Mahadevapura Police Station, Bengaluru City for the aforesaid offences against the petitioner herein based on the first information dated 31.03.2026 received from respondent No.2, who is the mother of the alleged victim aged 12 years. In the said case, the petitioner was arrested on 31.03.2026 and remanded to judicial custody. His bail application filed before the trial Court in Crl.Misc.No.3529/2026 was rejected on 30.04.2026. Therefore, he is before this Court. 4. Learned Senior Counsel appearing for the petitioner submits that the petitioner is aged 60 years and has no criminal antecedents. He is the owner of the house in which the first informant and her family members are staying as Tenant. There is a serious dispute between the - 4 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 Landlord and Tenant and the Tenant is a chronic defaulter in payment of rent. Since the tenant had threatened to lodge a false complaint against the petitioner, on 01.03.2026 itself, the petitioner had approached the jurisdictional Police and sought protection in the event false complaint is lodged against him. After one month from the said date, the present criminal case is registered with an allegation that petitioner has inappropriately touched the private parts of the victim girl, who is the daughter of the Tenant. Investigation of the case is completed and accordingly, prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor and learned counsel for the respondent No.2, who has filed a statement of objection opposing the bail application, submits that the petitioner has committed a heinous offence on a minor girl. Learned counsel for respondent No.2 further submits that the Investigating Officer has taken side with the petitioner and medical examination of the victim girl was not conducted properly. - 5 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 He also submits that even the statement of the victim girl recorded under Section 183 of the BNSS, 2023 is not the part of the charge sheet, which would indicate that the investigation has not been properly conducted in the present case. He further submits that in the event the petitioner is released on bail, he may tamper with the prosecution witnesses. He also submits that act committed by the petitioner has been recorded in a mobile phone of the victim girl's mother. Accordingly, prays to dismiss the petition. 6. In the first information dated 31.03.2026, the mother of the victim girl has stated that she is a tenant residing in the premises belonging to the petitioner. On 30.03.2026, her minor daughter informed her that when she had gone to petitioner's house, he allegedly induced her with a promise to give her a gift and thereafter, took her to a room and after closing the door, he inappropriately touched her chest and private parts. The victim girl allegedly pushed him and ran out of the - 6 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 room. In respect of the alleged incident that had taken place on 30.03.2026, the first information was submitted on 31.03.2026 by the mother of the victim. 7. The material on record would go to show that on 01.03.2026 itself, the petitioner had approached the jurisdictional Police Station and submitted a complaint alleging that first informant, who is his tenant, had defaulted in payment of monthly rent and when she was asked to vacate the premises, she had threatened to file false criminal cases against him and therefore, he had sought protection. Based on the said complaint, a NCR case was registered on 01.03.2026 and acknowledgment for the same is available on record. In the background of the same, if the present criminal case is examined, a serious doubt arises with regard to the allegations now found in the first information. Considering the averments in the first information, submission that incident is video recorded becomes doubtful. Investigation of the case is completed and charge sheet has been filed. Maximum - 7 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 punishment for the alleged offence is imprisonment for a period of 7 years. The petitioner aged 60 years, has no other criminal antecedents. Under the circumstances, I am of the opinion that prayed made by the petitioner needs to be answered affirmatively. 8. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl.C.C.No.1079/2026 pending before the Court of Additional City Civil and Sessions Judge, FTSC-1, Bengaluru arising out of Crime No.207/2026 registered by Mahadevapura Police Station, Bengaluru City for the offences punishable under Sections 7, 8, 9(l), 11, 12 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act, 2012) and Section 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: - 8 - HC-KAR NC: 2026:KHC:33259 CRL.P No. 6917 of 2026 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; SD/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 54