- 1 - HC-KAR CNR: KAHC010347212026 NC: 2026:KHC:37343 CRL.P No. 7387 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7387 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: UDAYA KUMARA B M S/O MOHAN KUMARA AGED ABOUT 21 YEARS, R/AT AMBEDKAR NAGARA, BAALUPETE, SAKALESHAPURA TALUK HASSAN DISTRICT - 573 134. …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA STATE BY SAKALESHPURA RURAL P.S SAKALESHPURA, HASSAN DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001. 2. SMT. SAROJA, W/O SHIVAKUMAR B.N., AGED ABOUT 40 YEARS, R/AT HASUGUVALLI VILLAGE, BELAGODU HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT - 573 214. …RESPONDENTS (BY SRI.RANGASWAMY R., HCGP FOR R1; R2 SERVED) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010347212026 NC: 2026:KHC:37343 CRL.P No. 7387 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C./463/2025 ARISING OUT OF A CRIME NO.184/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 6 OF POCSO ACT AND UNDER SECTION 64(2)(i), 64(2)(m) OF BNS, 2023, REGISTERED BY THE SAKALESHPURA RURAL POLICE, WHICH IS PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE-FTSC-I, AT HASSAN AND ETC., THIS CRIMINAL 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.463/2025 pending on the file of Additional District and Sessions Judge-FTSC-I, Hassan, arising out of Crime No.184/2025 registered by the Sakaleshpura Rural Police Station, for offences punishable under Sections 64(2)(i), 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Section 6 of the Protection of Children from Sexual Offences Act, 2012, is before this Court in this criminal petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short ‘BNSS, 2023’) seeking regular bail. - 3 - HC-KAR CNR: KAHC010347212026 NC: 2026:KHC:37343 CRL.P No. 7387 of 2026 2. Heard the learned counsel appearing for the petitioner and the learned HCGP appearing on behalf of respondent No.1-State. Respondent No.2, who has been served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.184/2025 was registered by the Sakaleshpura Rural Police Station, for the aforesaid offences against the petitioner herein based on the first information dated 20.09.2025 received from the victim girl. In the said case, the petitioner was arrested on 20.09.2025 and was remanded to judicial custody. Investigation of the case has been completed and charge sheet has been filed against the petitioner for the aforesaid offences. The bail application of the petitioner filed before the Trial Court in Spl.C.No.463/2025 was rejected on 24.01.2026. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that the petitioner and the victim girl are acquainted with - 4 - HC-KAR CNR: KAHC010347212026 NC: 2026:KHC:37343 CRL.P No. 7387 of 2026 each other and they were in love. FIR in the present case was registered against the petitioner on the basis of the first information received from the victim girl, who was found to be two months pregnant when she was medically examined at the Government Hospital, Hassan, after she had gone to the said hospital with complaints of stomach pain. 5. The statement of the victim girl was recorded under Section 183 of the BNSS, 2023 before the Jurisdictional Magistrate on 16.10.2025. In the said statement, the victim girl has stated that she is studying in the first year PUC and she is in love with the petitioner. As a result of the act committed by them in her house, she became pregnant. She has stated that thereafter, a police case was registered and the petitioner was sent to jail. Further, she has made a request to release the petitioner from jail and has also stated that, if her parents are agreeable, she intends to marry the petitioner, with whom she is in love. - 5 - HC-KAR CNR: KAHC010347212026 NC: 2026:KHC:37343 CRL.P No. 7387 of 2026 6. The petitioner, aged 21 years, who has no criminal antecedents, is in custody from 20.09.2025. Investigation of the case is now completed and the charge sheet has been filed. The trial in the case is yet to commence. Continued detention of the petitioner, aged 21 years, amongst hardcore criminals in jail may adversely impact his mindset as well as his future prospects. 7. Considering the aforesaid aspects of the matter and also the statement of the victim girl recorded under Section 183 of BNSS, 2023, 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 order: ORDER i) The criminal petition is allowed. ii) The petitioner is directed to be enlarged on bail in Spl.C.No.463/2025 pending on the file of Additional District and Sessions Judge-FTSC-I, Hassan, arising out of Crime No.184/2025 registered by the Sakaleshpura Rural - 6 - HC-KAR CNR: KAHC010347212026 NC: 2026:KHC:37343 CRL.P No. 7387 of 2026 Police Station, for offences punishable under Sections 64(2)(i), 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: a) The 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; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission - 7 - HC-KAR CNR: KAHC010347212026 NC: 2026:KHC:37343 CRL.P No. 7387 of 2026 of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE HA List No.: 1 Sl No.: 46