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2026 DAILYLAW 29838 (KAR)

PRATHAPA K R v. STATE OF KARNATAKA

CRL.P/8100/2026 · 2026-07-21

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010384922026 NC: 2026:KHC:37613 CRL.P No. 8100 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. 8100 OF 2026 BETWEEN: PRATHAPA K.R. S/O RAJU, AGED ABOUT 25 YEARS, R/AT H KODAHALLI FARM, KASABA HOBLI, MANDYA TALUK AND DISTRICT-571445 …PETITIONER (BY SMT. SHIVAMMA .D FOR SRI. KRISHNE GOWDA M., ADVOCATE) AND: 1. STATE OF KARNATAKA STATE BY MANDYA CENTRAL P S RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 1 2. XXX …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.129/2025 OF MANDYA POLICE, AND THE FILE OF THE SPL.C.NO.75/2026 HONBLE SESSIONS JUDGE, (FTSC-II), MANDYA FOR THE OFFENCES P/U/S 6 AND 12 OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010384922026 NC: 2026:KHC:37613 CRL.P No. 8100 of 2026 POCSO ACT 2012, AND 137(2), 78(2), 87, 332(B), 64(2)(M) OF BNS ACT 2023. THIS CRL.P, 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.75/2026 pending before the Court of Additional Sessions Judge, FTSC-2, Mandya, arising out of Crime No.129/2025 registered by Mandya Central Police Station, Mandya, for the offences punishable under Sections 137(2), 78(2), 87, 332(b) and 64(2)(m) of BNS, 2023 and Sections 6 and 12 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. FIR in Crime No.129/2025 was registered by Mandya Central Police Station, Mandya, for the offence punishable under Section 137(2) of BNS, 2023, against unknown person after the victim girl was found missing from her house. During the course of investigation, the petitioner and the victim girl were traced. The petitioner was arrested on 23.01.2026 and - 3 - HC-KAR CNR: KAHC010384922026 NC: 2026:KHC:37613 CRL.P No. 8100 of 2026 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 Special Case No.75/2026 was rejected on 02.05.2026. Therefore, he is before this Court. 4. Victim girl, aged 16 years 7 months, as on the date of registration of the FIR, was found missing from her house on 14.11.2025. Efforts made to trace her had failed and therefore, her mother had approached the police on 20.11.2025. Based on her first information, FIR was registered against unknown person for the offence punishable under Section 137(2) of BNS, 2023. During the course of investigation, petitioner and the victim girl were traced in Mumbai. After the victim girl was brought back, her statement was recorded before the jurisdictional Court of Magistrate at Mandya under Section 183 of BNSS, 2023 and in the said statement, victim girl has not made any serious allegations as against the petitioner. She has stated that she is in love with the petitioner and her mother had informed her that after she attains the age of 18 years, her marriage will be performed with the petitioner. This was - 4 - HC-KAR CNR: KAHC010384922026 NC: 2026:KHC:37613 CRL.P No. 8100 of 2026 informed by her to the petitioner and he allegedly asked her to come along with him. Thereafter, they went together and stayed in her step father's house at Maharashtra. Subsequently, her step father had sent petitioner to his village and thereafter, had brought her to her village. 5. Petitioner aged 25 years having no other criminal antecedents is in custody for the last six months. Investigation of the case is now completed and charge sheet has been filed. Considering the aforesaid aspects of the matter and more so, 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. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.75/2026 pending before the Court of Additional Sessions Judge, FTSC-2, Mandya, arising out of Crime No.129/2025 registered by Mandya Central Police Station, Mandya, for the offences punishable under Sections 137(2), 78(2), 87, 332(b) and 64(2)(m) of BNS, 2023 and - 5 - HC-KAR CNR: KAHC010384922026 NC: 2026:KHC:37613 CRL.P No. 8100 of 2026 Sections 6 and 12 of the POCSO Act, 2012, 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; 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 DN/List No.: 1 Sl No.: 65