- 1 - HC-KAR NC: 2026:KHC:34817 CRL.P No. 15183 of 2025 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. 15183 OF 2025 BETWEEN: SRI. NAGESH. K S/O ANJANAPPA AGED ABOUT 23 YEARS R/AT SIDDAPURA, VADDARAHATTI VILLAGE, GUNDUMUNUGU POST, KOODLIGI TALUK, VIJAYANAGARA DISTRICT - 583 126. …PETITIONER (BY SRI. DIVEEN VERMA B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BELLARE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. MR. MAHESH VAGMORE S/O DAGUDU AGED ABOUT 28 YEARS BOTH ARE RESIDING AT PEDLA HOUSE, JABUL PAAD VILLAGE, SUDHGAD TALUK, RAIGAD DISTRCIT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34817 CRL.P No. 15183 of 2025 MAHARASTHRA STATE - 410 205. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ ACCUSED ON BAIL IN SPL.C.NO.5006/2024 FOR THE ALLEGED O/P/U/S 5(m), 6 OF POCSO ACT AND SECTION 376(2)(F), 376(2)(J) AND 376AB OF IPC, 1860, PENDING ON THE FILE OF THE LEARNED VTH ADDL. DISTRICT AND SESSIONS JUDGE, MANGALORE SITTING AT PUTTUR, D.K. DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Special Case No.5006/2024 pending before the Court of V Additional District and Sessions Judge and Special Judge, D.K. Mangaluru, sitting at Puttur, D.K., arising out of Crime No.75/2023 registered by Bellare Police Station, Dakshina Kannada District for the offences punishable under Section 5(m), 6 of POCSO Act, 2012 and Section 376(2)(f), 376(2)(J) and 376(AB) of - 3 - HC-KAR NC: 2026:KHC:34817 CRL.P No. 15183 of 2025 IPC, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor on behalf of the respondent / State. Respondent No.2 who is served has remained unrepresented before this Court. 3. FIR in Crime No.75/2023 was registered by Bellare Police Station, Dakshina Kannada District for the aforesaid offences against the petitioner herein, based on the first information dated 13.11.2023 received from respondent No.2, who is the father of the victim girl aged 7 years. In the said case, the petitioner herein was arrested on 14.11.2023 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Spl.C.No.5006/2024 was rejected on 06.08.2025. Therefore, he is before this Court. - 4 - HC-KAR NC: 2026:KHC:34817 CRL.P No. 15183 of 2025 4. Learned counsel for the petitioner having reiterated the ground urged in the petition, submits that the statement of the victim girl recorded before the jurisdictional Magistrate under Section 164 of Cr.P.C is defective. He also submits that the medical records of the victim girl does not support the case of the prosecution. In the FSL report, semen stains on the articles that were forwarded for examination, is not found. The petitioner is in judicial custody for last more than two and half years. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor who has opposed the petition submits that victim girl has made serious allegations against the petitioner in her statement recorded under Section 164 of Cr.P.C. The medical records of the victim girl would clearly go to show that she had not only suffered injuries in her private parts but also all over her body. Trial in the case has already commenced. In the event the petitioner is - 5 - HC-KAR NC: 2026:KHC:34817 CRL.P No. 15183 of 2025 enlarged on bail, the progress in the trial may be hampered. Accordingly, she prays to dismiss the petition. 6. Perusal of the first information as well as the charge sheet filed in the present case would go to show that the petitioner and the first informant are known to each other. At the instance of the petitioner, the first informant had gone to Dakshina kannada District for daily wages work. It appears that on the alleged date of incident, the victim girl and her younger brother, who were studying in a hostel at Pandarapura came to Dakshina Kannada District along with one Santhosh, who is the friend of the first informant. Thereafter, the first informant and the petitioner herein picked up the victim and her younger brother on a motorbike and were on their way to their village. It appears that on the way, their motorbike stopped, and the petitioner allegedly asked the first informant to take the motorbike to the nearby petrol pump for the purpose of filling fuel. The children of the first informant were left in the custody of the petitioner - 6 - HC-KAR NC: 2026:KHC:34817 CRL.P No. 15183 of 2025 and the first informant went to the petrol pump to fill fuel in the motorbike. Petitioner thereafter allegedly took the victim girl behind a bush and committed sexual assault on her. Material on record would go to show that after the villagers heard the victim girl shouting, they had caught hold of the petitioner. Thereafter, the victim girl was taken to hospital. 7. Medical records of the victim girl would go to show that she had not only suffered bleeding injuries in her private parts but also had sustained injuries all over her body. In the statement of the victim girl recorded by the police as well as by the jurisdictional Magistrate, the victim girl has made serious allegations against the petitioner. 8. The alleged discrepancies in recording her statement under Section 164 of Cr.P.C by the Court of jurisdictional Magistrate as well as in the FSL report etc., is the subject matter for trial and the same cannot be - 7 - HC-KAR NC: 2026:KHC:34817 CRL.P No. 15183 of 2025 considered by this Court at this stage. While considering the bail application of the petitioner, this Court is not required to hold a mini trial. It is brought to the notice of this Court by learned Additional State Public Prosecutor that trial in the case has already commenced and as on this day, three witnesses have been already examined. 9. Under these circumstances, I am of the opinion that at this stage, the prayer made by the petitioner for grant of regular bail cannot be entertained. Accordingly, the Criminal Petition is dismissed with a request to the trial Court to expedite the trial and dispose of the case as expeditious as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 34