- 1 - HC-KAR NC: 2026:KHC:34913 CRL.P No. 7445 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. 7445 OF 2026 BETWEEN: DARSHAN H N @ DARSHU S/O H. NARASIMHAMURTHY AGED ABOUT 25 YEARS PAINTING WORK R/O SDM LAYOUT VADDINAKAPPA VILLAGE N.R. PURA ROAD SHIVAMOGGA - 577 203 (PETITIONER IS IN J.C.) …PETITIONER (BY SRI B.S. PRASAD, ADV.) AND: 1. STATE OF KARNATAKA BY SHIVAMOGGA WOMEN POLICE STATION SHIVAMOGGA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI RISHI N UMESH, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.34/2026 AND CR.NO.77/2026 PENDING ON THE FILE OF ADDL DISTRICT AND SESSIONS JUDGE FTSC I AT SHIVAMOGGA FOR THE OFFENCE P/SU/ 74,78,65(1) OF BNS 2023 AND SEC.6 OF POCSO ACT REGISTERED BY THE RESPONDENT SHIVAMOGGA WOMEN POLICE STATION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34913 CRL.P No. 7445 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 Spl.C.No.153/2026 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Shivamogga, arising out of Crime No.34/2026 registered by Shivamogga Women Police Station, Shivamogga, for the offences punishable under Sections 64(2)(m), 65(1), 78(1), 351(2) of BNS, 2023, and Sections 6 & 8 of the POCSO Act, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.34/2026 was registered by Shivamogga Women Police Station, Shivamogga, against the petitioner herein for the aforesaid offences based on the first information dated 08.04.2026 received from the victim girl who was studying in second year PUC. During the course of investigation, petitioner was arrested on 09.04.2026 and - 3 - HC-KAR NC: 2026:KHC:34913 CRL.P No. 7445 of 2026 remanded to judicial custody. Bail application filed by the petitioner before the Trial Court was rejected on 15.05.2026. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that petitioner and the victim girl are in love and only after her parents came to know about the same, she had approached the police on 08.04.2026. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and the learned Counsel for respondent no.2 have opposed the petition. Learned Counsel for respondent no.2 submits that the victim is a minor and in the event petitioner is granted bail, he may tamper with the prosecution witnesses. Accordingly, he prays to dismiss the petition. 6. Perusal of the first information as well as the charge sheet material would go to show that petitioner and the victim who was studying in second year PUC were in love. In her statement recorded under Section 183 of BNSS, 2023, by the - 4 - HC-KAR NC: 2026:KHC:34913 CRL.P No. 7445 of 2026 jurisdictional Magistrate on 10.04.2026, victim has stated that she and the petitioner were in love and she had gone along with him to Savalanga Hills and had sexual intercourse. She has stated that their photo was uploaded by the petitioner in instagram and after her relatives saw the same, they had informed her parents and subsequently, she had approached the police on 08.04.2026. She has not made any serious allegations as against the petitioner before the Magistrate in her statement recorded under Section 183 of BNSS, 2023, nor before the doctor who had medically examined her. On the other hand, she has throughout stated that she and the petitioner were in love. Investigation of the case is completed and charge sheet has been filed. Petitioner aged 25 years is said to have no other criminal antecedents. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.153/2026 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Shivamogga, arising - 5 - HC-KAR NC: 2026:KHC:34913 CRL.P No. 7445 of 2026 out of Crime No.34/2026 registered by Shivamogga Women Police Station, Shivamogga, for the offences punishable under Sections 64(2)(m), 65(1), 78(1), 351(2) of BNS, 2023, and Sections 6 & 8 of the POCSO Act, subject to the following conditions: a) 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; - 6 - HC-KAR NC: 2026:KHC:34913 CRL.P No. 7445 of 2026 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 KK