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2026 DAILYLAW 27399 (KAR)

KIRAN KUMAR v. STATE BY SOLADEVANAHALLI POLICE STATION

CRL.P/6582/2026 · 2026-07-08

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34244 CRL.P No. 6582 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. 6582 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: KIRAN KUMAR S/O RAMESH KUMAR R AGED ABOUT 26 YEARS R/AT HESARAGHATTA MAIN ROAD NEAR GANGAMMA TEMPLE NEAR SAI SAGARA HOTEL CHIKKABANAVARA BENGALURU NORTH DISTRICT BENGALURU-560090. …PETITIONER (BY SRI. H E BASAVARAJU, ADVOCATE FOR SMT. NAGARATHNAMMA K N., ADVOCATE) AND: 1. STATE BY SOLADEVANAHALLI POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU BENGALURU -560002. 2. SMT. SUDHA (MEDICAL OFFICER PHC) PRIMARY HEALTH CENTRE CHIKKABANAVARA BENGALURU-560090. 3. XXX AGED ABOUT 17 YEARS VEENA V (VICTIM MOTHER) W/O LATE KANTHARAJU NO 65/2, 12TH A CROSS 4TH MAIN, KAVERIPURA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34244 CRL.P No. 6582 of 2026 KAMAKSHIPALYA BENGALURU-560079. …RESPONDENTS (BY SMT. RASHMI JADHAV, ASPP. FOR R1: NOTICE TO R2 IS HELD SUFFICIENT) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.102/2026 OF SOLADEVANAHALLI P.S., BENGALURU, PENDING BEFORE THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II, SPECIAL COURTS FOR TRIAL OF CASES FILED UNDER POCSO ACT, BENGALURU RURAL, FOR THE OFFENCE P/U/S 64(2)(M) OF BNS, 2023, U/S 4,6,5(L) OF POCSO ACT, 2012. 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.548/2026 pending before the Court of Addl. District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.102/2026 registered by Soladevanahalli Police Station, for offences punishable under Sections 4, 5(l), 6 of POCSO Act, 2012, Section 64(2)(m) of BNS 2023 and Section 9 of Prohibition of Child Marriage Act, 2016, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. - 3 - HC-KAR NC: 2026:KHC:34244 CRL.P No. 6582 of 2026 2. Heard the learned counsel appearing for the petitioner and learned Additional State Public Prosecutor appearing on behalf of the respondent No.1-State. Respondent No.2 though served in the matter has remained unrepresented. 3. FIR in Crime No.102/2026 was registered by Soladevanahalli Police Station, Bengaluru, for offence punishable under Section 64(2)(m) of BNS, 2023 and Sections 4, 5(l) and 6 of POCSO Act, 2012 as against the petitioner herein based on the first information dated 07.03.2026 received from Smt.Dr.Sudha, Medical Officer of the Primary Health Center at Chikkabanavara, Bangalore Rural District. During the course of investigation of the said case, petitioner herein was arrested on 07.03.2026. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.542/2026 was rejected on 10.04.2026. Therefore, he is before this court. - 4 - HC-KAR NC: 2026:KHC:34244 CRL.P No. 6582 of 2026 4. Perusal of the first information would go to show that the victim girl, who was pregnant, had gone to the Primary Health Center at Chikkabanavara for medical check-up and after verifying the age, the Medical Officer of the Primary Health Center had informed the Police and based on her first information, FIR was registered against the petitioner for the aforesaid offences. 5. During the course of investigation, the statement of the victim girl has been recorded under Section 183 of BNSS, 2023 before the Jurisdictional Magistrate. In the statement, the victim girl has stated that she is aged 19 years and the petitioner is her husband. She has further stated that she and petitioner were in love with each other and got married and her father who was not happy with their marriage had given wrong information about her date of birth. She has also stated that she had gone to the Primary Health Center for her medical check-up and after - 5 - HC-KAR NC: 2026:KHC:34244 CRL.P No. 6582 of 2026 she suffered abortion, the Medical Officer had given a false complaint. 6. Petitioner, aged 25 years having no other criminal antecedents, is in custody from 07.03.2026 onwards. Investigation of the case is already concluded. Considering the statement of the alleged victim under Section 183 of BNSS, 2023, 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 order: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.548/2026 pending before the Court of Addl. District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.102/2026 registered by Soladevanahalli Police Station, for offences punishable under Sections 4, 5(l), 6 of POCSO Act, 2012, Section 64(2)(m) of BNS 2023 and Section 9 of - 6 - HC-KAR NC: 2026:KHC:34244 CRL.P No. 6582 of 2026 Prohibition of Child Marriage Act, 2016, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.50,000/- with one surety 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 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DM LIST NO.: 1 SL NO.: 46