- 1 - HC-KAR CNR: KAHC010372392026 NC: 2026:KHC:37052 CRL.P No. 7797 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 7797 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. SHANKARAPPA, S/O SRI. BHEEMARAY, AGED ABOUT 23 YEARS, R/AT BESIDE GOVERNMENT SCHOOL, DASARAHALLI, BENGALURU - 560024. …PETITIONER (BY SRI ABHISHEK HUDDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, AMRUTHAHALLI POLICE STATION, REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. MR. SANNABHEEMARAYA, D/O SANNADEVINDRAPPA, AGED ABOUT 37 YEARS, R/AT. SHED, BACK SIDE GOVERNMENT SCHOOL, DASARAHALLI, HEBBAL, KEMPAPURA, BENGALURU-560024. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1; SRI PONNANNA M.B., ADVOCATE FOR R2) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010372392026 NC: 2026:KHC:37052 CRL.P No. 7797 of 2026 THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SPL.C.No.2336/2025, FOR THE OFFENCES P/U/S 64(2)(m),87 OF BNS, 2023, U/S 5(l),6 OF POCSO ACT, 2012, U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, PENDING BEFORE THE HON'BLE FTSC-IV ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU. 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.C.No.2336/2025 pending before the Court of XLI Additional District and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.189/2025 registered by Amruthahalli Police Station, Bengaluru, for offence punishable under Sections 64(2)(m) and 87 of Bharatiya Nyaya Sanhita, 2023 (BNS), Sections 5(l) and 6 of POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010372392026 NC: 2026:KHC:37052 CRL.P No. 7797 of 2026 3. FIR in Crime No.189/2025 was registered by Amruthahalli Police Station, Bengaluru for offence punishable under Section 137(2) of BNS against unknown persons based on the first information dated 13.08.2025 received from respondent No.2, who is the father of the victim girl. During the course of investigation, petitioner and the victim girl were traced and the petitioner was arrested on 22.08.2025 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.3955/2026 was rejected on 20.05.2026. Therefore, he is before this Court. 5. The victim girl was found missing from her house on 05.08.2025. Efforts made to trace her had failed and thereafter her father had approached the jurisdictional police on 13.08.2025 and based on his first information, FIR in Crime No.189/2025 was registered for offence punishable under Section 137(2) of BNS against unknown persons. 6. During the course of investigation, petitioner and the victim girl were traced. Statement of the victim girl, aged 15 - 4 - HC-KAR CNR: KAHC010372392026 NC: 2026:KHC:37052 CRL.P No. 7797 of 2026 years, was recorded under Section 183 of BNSS before the Court of jurisdictional Magistrate, Bengaluru on 16.09.2025. In the said statement, the victim girl has stated that she is acquainted with the petitioner and they are loving each other. They had decided to marry but, her parents did not agree for the same. Therefore, they had eloped from their house. Except the same, she has not made any other allegations against the petitioner in her statement that was recorded before the Court of jurisdictional Magistrate. Petitioner aged 23 years is in custody in the present case from 22.08.2025 onwards. Investigation of the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, more so the statement of the victim girl that was recorded under Section 183 of BNSS before the jurisdictional Magistrate, I am of the opinion that the prayer made by the petitioner for grant regular bail needs to be answered affirmatively. Accordingly, the following; ORDER (i) Petition is allowed. - 5 - HC-KAR CNR: KAHC010372392026 NC: 2026:KHC:37052 CRL.P No. 7797 of 2026 (ii) The petitioner is directed to be enlarged on bail in Spl.C.C.No.2336/2025 pending before the Court of XLI Additional District and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.189/2025 registered by Amruthahalli Police Station, Bengaluru, for offences punishable under Sections 64(2)(m) and 87 of Bharatiya Nyaya Sanhita, 2023 (BNS), Sections 5(l) and 6 of POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, 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; - 6 - HC-KAR CNR: KAHC010372392026 NC: 2026:KHC:37052 CRL.P No. 7797 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 MV, List No.: 1 Sl No.: 66