- 1 - HC-KAR NC: 2026:KHC:34821 CRL.P No. 7178 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7178 OF 2026 BETWEEN: SEENAN M.E @ INNU S/O ILIYAZ M.A AGED ABOUT 24 YEARS R/AT HOUSING BOARD COLONY KUSHALNAGAR TALUK KODAGU DISTRICT - 571 234. …PETITIONER (BY SRI LETHIF B, ADV.) AND: 1. STATE OF KARNATAKA BY KUSHALNAGAR TOWN POLICE STATION, KODAGU DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. 2. TANVIR AHAMMED S/O ABDUL GAFFAR AGED ABOUT 55 YEAR R/AT 1ST BLOCK, BYCHANAHALLI KUSHALNAGAR TALUK KODAGU DISTRICT - 571 237. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; R-2 TANVIR AHAMMED SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.77/2025 (SPL.C NO.106/2025) OF KUSHALNAGAR TOWN POLICE STATION KODAGU DISTRICT FOR THE OFFENCES P/U/S 137(2), 64(1) OF BNS AND SECTION 4(1), 6(1) OF POCSO ACT PENDING ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34821 CRL.P No. 7178 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 Special Case No.106/2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Kodagu-Madikeri, arising out of Crime No.77/2025 registered by Kushalnagar Town Police Station, Kodagu, for the offences punishable under Sections 137(2) and 64(1) of BNS, 2023 and Sections 4(1) and 6(1) 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.77/2025 was registered by Kushalnagar Town Police Station, Bengaluru, initially for the offence punishable under Section 137(2) of BNS, 2023, against the petitioner herein based on the first information dated - 3 - HC-KAR NC: 2026:KHC:34821 CRL.P No. 7178 of 2026 24.07.2025 received from respondent No.2, father of the victim girl, who was aged about 17 years 6 months as on the date of registration of the FIR. In the said case, petitioner was arrested on 26.07.2025 and 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 Crl.Misc.No.461/2025 was rejected on 19.11.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl aged 17 years 6 months was found missing from her house on 24.07.2025, efforts made to trace her had failed, thereafter father of the victim girl had approached the police and since he suspected the hand of the petitioner, FIR was registered against the petitioner. During the course of investigation, petitioner and the victim girl were traced. Petitioner was arrested on 26.07.2025 and remanded to judicial custody. 5. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded in the present case on 30.07.2025 by the Court of jurisdictional Magistrate. In the said statement, - 4 - HC-KAR NC: 2026:KHC:34821 CRL.P No. 7178 of 2026 the victim girl has stated that she and the petitioner were in love for the last one year and they had sexual intercourse in his house. Subsequently, her parents came to know about the same and therefore, they had broken her mobile phone. She has stated that subsequently she was calling the petitioner on his mobile using her father's old phone. She has also stated that she had voluntarily left her house and traveled with the petitioner on 24.07.2025 and had gone to Madikeri and subsequently to Ponnampete and had stayed in the house of petitioner’s relative. She has not made any serious allegation as against the petitioner and on the other hand, her statement would reflect that petitioner and the victim girl are in love. Petitioner aged 24 years having no criminal antecedents is in custody from 26.07.2025. Under the circumstances, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.106/2025 pending before the Court of III Additional District and Sessions Judge and Special Judge, Kodagu-Madikeri, arising out of Crime No.77/2025 registered by Kushalnagar Town Police Station, - 5 - HC-KAR NC: 2026:KHC:34821 CRL.P No. 7178 of 2026 Kodagu, for the offences punishable under Sections 137(2) and 64(1) of BNS, 2023 and Sections 4(1) and 6(1) 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; Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 60