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2026 DAILYLAW 27137 (KAR)

SRI HARIDHAS @ HARISH v. STATE OF KARNATAKA

CRL.P/6346/2026 · 2026-07-07

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33962 CRL.P No. 6346 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6346 OF 2026 BETWEEN: 1. SRI HARIDHAS @ HARISH S/O VEDIYAPAN RAMASWAMY AGED ABOUT 21 YEARS R/AT NO.454, ANNANAGARA MELVANKAMBADI, TIRUVANNAMALAI TAMIL NADU - 606703. …PETITIONER (BY SRI: VEERESHA K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAMOGGA RURAL POLICE STATION REP. BY ITS SPL. PUBLIC PROSECUTOR (SPP), HIGH COURT BUILDING BENGALURU 560001 2. XXX D/O. SELVAM AGED ABOUT 15 YEARS SINCE MINOR R/BY HER NATURAL GUARDIAN SRI SELVAM, S/O. NOT KNOWN, MAJOR R/AT. 3RD CROSS, HOLEBENVALLI VILLAGE SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT-577222. …RESPONDENTS (BY SMT: RASHMI JADHAV, ADDL. SPP FOR R1; R2 - SERVICE HELD SUFFICIENT V/O/DTD 07.07.2026) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33962 CRL.P No. 6346 of 2026 THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (UNDER SECTION 482 BNSS) BY THE PETITIONER PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN CR.NO.351/2025 REGISTERED BY SHIVAMOGGA RURAL P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 64(2)(m) OF BNS, 2023, UNDER SECTION 6 OF POCSO ACT, PENDING BEFORE THE HONBLE FAST TRACK COURT-1, SHIVAMOGGA. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.351/2025 registered by Shivamogga Rural Police Station, Shivamogga for offences punishable under Section 64(2)(m) of BNS 2023 and Section 6 of POCSO Act, is before this court in this petition filed under Section 482 of BNS 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the Petitioner and learned Additional State Public Prosecutor on behalf of respondent No.1-State. Respondent No. 2 though served in the matter has remained unrepresented before this court. - 3 - HC-KAR NC: 2026:KHC:33962 CRL.P No. 6346 of 2026 3. FIR in Crime No.351/2025 was registered by Shivamogga Rural Police Station for the aforesaid offences against the petitioner-accused, based on the first information dated 22.11.2025, received from the victim girl. Apprehending arrest in the said case, the petitioner-accused had filed Crl.Misc.115/2026 before the jurisdictional Sessions Court which was rejected on 25.02.2026. Therefore, he is before this Court. 4. Perusal of the first information and other material made available to the court would go to show that victim girl after failing in SSLC was studying computer at Shivamogga and she was using a mobile phone. It appears that she came in contact with the petitioner through Instagram application and subsequently they started loving each other. On 24.07.2025, petitioner came to the house of victim from Tamil Nadu to celebrate her birthday and on the said date he allegedly had sexual intercourse with her. Subsequently when there was nobody in the house of the victim, petitioner allegedly used to visit the house and have sexual intercourse with her. After her parents came to know about the same, the victim girl had - 4 - HC-KAR NC: 2026:KHC:33962 CRL.P No. 6346 of 2026 approached the police and based on her first information, the FIR was registered against the petitioner. 5. Statement of the victim girl under Section 183 of BNSS 2023 was recorded in the present case on 26.11.2025. In the said statement she has not made any serious allegation as against the petitioner and on the other hand she has stated that she is in love with the petitioner for the last one year and he had come to her house to celebrate her birthday and on the said day they had physical contact. 6. Learned Additional State Public Prosecutor has fairly submitted that the victim girl has not co-operated with the police for her medical examination. 7. Material on record would go to show that petitioner aged about 21 years and victim girl aged about 17 years are in love. Considering the aforesaid aspects of the matter and also since the petitioner has undertaken to co-operate with the police for the purpose of investigation, I am of the opinion that prayer for grant of anticipatory bail needs to be answered affirmatively. - 5 - HC-KAR NC: 2026:KHC:33962 CRL.P No. 6346 of 2026 8. Accordingly, the following: ORDER The criminal petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.351/2025 registered by Shivamogga Rural Police Station, Shivamogga for the offences punishable under Section 64(2)(m) of BNS, 2023 and Section 6 of the POCSO Act, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2026:KHC:33962 CRL.P No. 6346 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE HR List No.: 1 Sl No.: 63