- 1 - HC-KAR CNR: KAHC010384182026 NC: 2026:KHC:37161 CRL.P No. 8069 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. 8069 OF 2026 BETWEEN: RAJESHA V.S S/O. V.J. SHRIDHAR AGED ABOUT 46 YEARS R/AT. KEMPARAJUS RENTED HOUSE NEAR YELLAMMA TEMPLE CHIKKAGOLLARAHATTI, DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU PIN 562130 NATIVE PLACE AT NO.77, 4TH CROSS CHOLURUPALYA BENGALURU NORTH BENGALURU - 562 130. …PETITIONER (BY SRI THEERTHE GOWDA N.M, ADV.) AND: 1. THE STATE OF KARNATAKA BY TAVAREKERE POLICE STATION RAMANAGAR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. 2. SMT. SUMANA. V.S W/O RAVI. N AGED ABOUT 33 YEARS R/AT. ANJANA NAGAR KEB ROAD, NEXT TO SRINIDHI HOSPITAL YESHWANTHAPURA HOBLI Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010384182026 NC: 2026:KHC:37161 CRL.P No. 8069 of 2026 BENGALURU NORTH TALUK BENGALURU - 562 130. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SMT. RACHANA GANESH K, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.385/2025 ARISING OUT OF CR.NO.120/2025 REGISTERED BY THE RESPONDENT IN TAVAREKERE P.S., FOR THE OFFENCES P/U/S 65(1),64(2)(f),64(2)(m),272 OF BNS, 2023, U/S 4 AND 6 OF POCSO ACT, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT, 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 Special Case No.385/2025 pending before the Court of Additional District and Sessions Judge, FTSC-2, Bengaluru Rural District, arising out of Crime No.120/2025 registered by Tavarekere Police Station, Ramanagara, for the offences punishable under Sections 65(1), 64(2)(f), 64(2)(m) and 272 of BNS, 2023 and Sections 4 and 6 of the POCSO Act, 2012, 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 - HC-KAR CNR: KAHC010384182026 NC: 2026:KHC:37161 CRL.P No. 8069 of 2026 3. FIR in Crime No.120/2025 was registered by Tavarekere Police Station, Ramanagara, for the offences punishable under Section 65(1) of BNS, 2023 and Sections 4 and 6 of the POCSO Act against the petitioner herein, based on the first information dated 13.04.2025 received from respondent No.2, who is the mother of the victim girl, aged 13 years. During the course of investigation, petitioner was arrested on 14.04.2025 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.847/2025 was rejected on 18.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that first informant is the younger sister of the petitioner. For extraneous reasons, a false complaint has been lodged against petitioner. He submits that allegation of committing sexual assault against the victim relates to the year 2022 and first information is belatedly filed. He, accordingly, prays to allow the petition. - 4 - HC-KAR CNR: KAHC010384182026 NC: 2026:KHC:37161 CRL.P No. 8069 of 2026 5. Per contra, learned HCGP and learned counsel for respondent No.2 have opposed the petition. They submit that victim girl has made serious allegations against the petitioner in her statement recorded under Section 183 of BNSS, 2023. They also submit that victim girl had tested HIV positive when she was medically examined and it is under these circumstances, the first informant had enquired with the victim, who had then revealed the act committed by the petitioner. Petitioner, who was arrested was also subjected to medical examination and even he has tested HIV positive. They submit that material charge sheet witnesses are not yet cross-examined on behalf of the defence before the Trial Court. Accordingly, they pray to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner is the brother of the first informant and uncle of the victim girl, aged 13 years. It appears that parents of the victim girl had separated because of difference of opinion between them and the petitioner herein taking advantage of the situation, allegedly had committed sexual assault on the victim girl whenever she used to visit his house. After the victim girl - 5 - HC-KAR CNR: KAHC010384182026 NC: 2026:KHC:37161 CRL.P No. 8069 of 2026 was found ill, on 04.04.2025, her mother had taken her to the Hospital and the Doctor in the said Hospital had informed the first informant that the victim girl had tested HIV positive. Thereafter, the first informant, who is the mother of the victim girl had enquired with her daughter, who had revealed about the act committed by the petitioner. After the petitioner was arrested, he was subjected to medical examination and learned counsel for respondent No.2 has submitted that even petitioner has tested HIV positive. It is also brought to the notice of this Court that before the Trial Court though material charge sheet witnesses are examined, as on this date, defence has not cross-examined any one of the material charge sheet witnesses. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail needs to be rejected. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 72