- 1 - HC-KAR NC: 2026:KHC:35279 CRL.P No. 6373 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6373 OF 2026 BETWEEN: DLIEPA @ DAYANANDA M.S, S/O SOMAIAH, AGED ABOUT 21 YEARS, R/AT. MARAVALALU VILLAGE, KASABA HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI. SATHISHA D.J, ADVOCATE) AND: 1. STATE BY HOLENARASIPURA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. XXX AGED 16 YEARS D/O SHASHIKALA, SINCE MINOR REP. BY HER MOTHER GUARDIAN., W/O RANGASWAMY, AGED ABOUT 43 YEARS, R/AT. SHIVAPURA VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35279 CRL.P No. 6373 of 2026 HASSAN DISTRICT - 573 206. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITIONER/ACCUSED PETITION AND ENLARGE THE ON BAIL IN CRIME NO. 154/2023 FOR THE OFFENSE PUNISHABLE UNDER SECTION 363 AND 376 (3) OF IPC AND SECTION 4, 8 AND 12 OF POCSO ACT, BY THE HOLENARASIPURA RURAL POLICE STATION, AGAINST PETITIONER, PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I AT HASSAN, TO THE EXTENT OF PETITIONER IS CONCERNED. 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.68/2024 pending before the Court of Additional District and Sessions Judge, FTSC- 1 at Hassan, arising out of Crime No.154/2023 registered by Holenarasipura Rural Police Station, Hassan for the offences punishable under Section 363 and 376 (3) of IPC - 3 - HC-KAR NC: 2026:KHC:35279 CRL.P No. 6373 of 2026 and Sections 4, 8 and 12 of POCSO Act, 2012, is before this Court in this successive bail application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that on the merits of the case, the petitioner was granted regular bail by this Court in criminal petition No.6786/2024. For the reason that he had not appeared before the trial Court on the regular dates of hearing, his presence was secured by the trial Court and he was remanded to judicial custody on 19.01.2026. He submits that the victim has turned hostile to the case of the prosecution. Accordingly, he prays to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent No.1, who has opposed the bail application however does not dispute the submission made by the learned counsel for the petitioner. - 4 - HC-KAR NC: 2026:KHC:35279 CRL.P No. 6373 of 2026 5. During the course of investigation of the present case, the petitioner was arrested on 02.02.2024 and he was granted regular bail by the Co-ordinate Bench of this Court in criminal petition No.6786/2024 disposed of on 24.07.2024. Subsequently, the victim girl has been examined before the trial Court as PW2. Learned counsel for the petitioner who has produced her deposition, has made a submission that the victim girl has turned hostile to the case of the prosecution and was cross examined by the learned Additional State Public Prosecutor. The said submission is not seriously disputed by the learned Additional State Public Prosecutor. 6. Be that as if may, fact remains that on the merits of the case, the petitioner aged 21 years was granted regular bail by this Court in criminal petition No.6786/2024. However, only for the reason that he had not appeared before trial Court on the regular dates of hearing, his presence was secured and on 19.01.2026, he was remanded to judicial custody. - 5 - HC-KAR NC: 2026:KHC:35279 CRL.P No. 6373 of 2026 7. Under the circumstances, 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: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.68/2024 pending before the Court of Additional District and Sessions Judge, FTSC-1 at Hassan, arising out of Crime No.154/2023 registered by Holenarasipura Rural Police Station, Hassan for the offences punishable under Section 363 and 376 (3) of IPC and Sections 4, 8 and 12 of POCSO Act, 2012, 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 - 6 - HC-KAR NC: 2026:KHC:35279 CRL.P No. 6373 of 2026 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 AMM List No.: 1 Sl No.: 47