Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34302 CRL.P No. 7371 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7371 OF 2026
BETWEEN:
1.
KANTHARAJA @ KANTHARAJA D M S/O DODDA MARAPPA AGED ABOUT 26 YEARS R/O KEREKODIHATTI VILLAGE (AJJAIAHNAHATTI VILLAGE) HOSADURGA TQ CHITRADURGA DIST., PIN- 577 533
…PETITIONER (BY SRI. NAVEEN.H.M, ADVOCATE)
AND:
1.
STATE OF KARNATAKA SRIRAMPURA POLICE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA, BENGALURU - 560001
2.
SMT. LAKSHMAKKA W/O MAHESHA AGED ABOUT 36 YEARS R/O BALENAHALLI VILLAGE HOSADURGA TQ CHITRADURGA DIST., PIN-577 522
…RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1 SRI SANTHOSH KUMAR H.R., ADVOCATE FOR R2)
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34302 CRL.P No. 7371 of 2026
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO RELEASE HIM ON BAIL IN CRIME NO.119/2025 OF RESPONDENT -SRIRAMPURA POLICE REGISTERED FOR OFFENCE P/US/ 137(2) ,64(2)(M), 115(2), 54 R/W SEC.3(5) OF BNS ACT AND SEC.4, 6, 8, 12 OF POCSO ACT AND ALSO SPL.C.NO.129/2025 WHICH IS PENDING BEFORE HON'BLE SPL 2nd ADDL DISTRICT AND SESSIONS JUDGE COURT AT CHITRADURGA.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Special Case No.129/2025 pending before the Court of II Additional District and Sessions Judge and Special Judge, Chitradurga arising out of Crime No.119/2025 registered by Srirampura Police Station, Chitradurga, for offences punishable under Sections 137(2), 64(2)(m), 115(2), 54 read with 3(5) of BNS, 2023 and Sections 4, 6, 8 and 12 of POCSO Act, 2012, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
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HC-KAR NC: 2026:KHC:34302 CRL.P No. 7371 of 2026
3. FIR in Crime No.119/2025 was registered by Srirampura Police Station, Chitradurga, initially for offence punishable under Section 137(2) of BNS, 2023 against unknown person based on the first information dated 19.05.2022 received from respondent No.2, who is the mother of the victim girl, who was aged about 17 years as on the date of the registration of the FIR. During the course of investigation, the petitioner and the victim girl were traced. The petitioner was arrested on 28.05.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Criminal Petition No.15310/2025, which was rejected by the coordinate Bench of this Court on 15.12.2025. Subsequently, the petitioner has filed a fresh bail application before the Sessions Court in Special Case No.129/2025, which was rejected on 16.04.2026. Therefore, he is before this Court.
4.
Learned counsel for the petitioner having reiterated the grounds urged in the petition, has prayed to allow the present petition.
5. Per contra, learned HCGP has opposed the bail petition.
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HC-KAR NC: 2026:KHC:34302 CRL.P No. 7371 of 2026
6.
Learned counsel No.2 submits that he has no objection to allow the petition.
7. A perusal of the material on record would go to show that the petitioner and the victim girl were in love and on the intervening night of 18.05.2025 and 19.05.2025 they had left their village in a motor bike and had travelled to Chitradurga. It is alleged that they had stayed together in a temple premises and had sexual intercourse. The victim girl who was aged about 17 years as on the date of the incident, is now examined before the Sessions Court as PW1. The submission made by the
learned counsel for the petitioner that the victim girl has not supported the case of prosecution is not disputed either by the learned HCGP or by the learned counsel for respondent No.2.
8. Under the said circumstances, 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: The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.119/2025 registered by Srirampura Police Station, Chitradurga, for offences punishable
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HC-KAR NC: 2026:KHC:34302 CRL.P No. 7371 of 2026
under Sections 137(2), 64(2)(m), 115(2), 54 read with 3(5) of BNS, 2023 and Sections 4, 6, 8 and 12 of POCSO Act, 2012, subject to the following conditions: a) The 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 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 the permission of the said Court until the case registered against him is
disposed of.
Sd/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 60