- 1 - HC-KAR CNR: KAHC010340192026 NC: 2026:KHC:37762 CRL.A No. 850 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 850 OF 2026 (U/S 14(A) (2)) BETWEEN: MURALIDHAR @ MURALI, S/O LATE VENKATA RAO, AGED ABOUT 30 YEARS, RESIDING AT NO.60, PIPELINE ROAD, 27TH , T. DASARAHALLI, BENGALURU. PERMANENTLY RESIDING AT KALLURU, NANDIYALA KOPPA, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. A.N. RADHA KRISHNA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DCRE POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by SUSHMA LAKSHMI B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010340192026 NC: 2026:KHC:37762 CRL.A No. 850 of 2026 HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRI. HANUMANTHARAJU.H., S/O. LATE CHIKKAHANUMANTHARAJU, AGED ABOUT 29 YEARS, RESIDING AT HULIKAL, KUDUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT – 561 101. …RESPONDENTS (BY SRI. M. V. ANOOPKUMAR., ADDL. SPP FOR R1; R3 IS SERVED AND UNREPRESENTED) ---- THIS CRL.A IS FILED U/S 14(A)2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE ORDER DATED 04.04.2026, PASSED BY THE LEARNED I ADDL. DIST. AND SESSIONS JUDGE, RAMANAGARA, IN CRL.MISC.NO.93/2026, DISMISSING THE PETITION, AND CONSEQUENTLY ALLOW THE PETITION AND ENLARGE HIM ON BAIL IN CR.NO.344/2025 OF KUDUR POLICE (NOW D.C.R.E POLICE) FOR THE OFFENCE P/U/S 137(2), 65(1) OF BNS AND SEC.4 AND 6 OF POCSO ACT AND SEC.3(2)(v) OF SC / ST (POA) ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR CNR: KAHC010340192026 NC: 2026:KHC:37762 CRL.A No. 850 of 2026 ORAL JUDGMENT This appeal has been filed by the appellant being aggrieved by the order dated 04.04.2026 passed in Crl.Misc.No.93/2026 on the file of I Additional District and Sessions Judge, Ramanagara for the offences punishable under Sections 137(2) and 65(1) of Bharatiya Nyaya Sanhita, 2023, Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act. 2. The case on the prosecution is that a missing complaint came to be registered by the mother of the victim on 19.11.2025 stating that her daughter found missing since 18.11.2025 around 04.00 p.m. The respondent-Police after registering a case, conducted an investigation. During the investigation, the facts of the case have unfolded in such a way that the victim was not interested to pursue her studies. Therefore, she left her house and came to Bangalore. From Bangalore, she went to Mangalore. She was roaming in such a way on several occasions. Thereafter, on 22.11.2025 she pledged her silver ankle chain and on 04.12.2025 she was - 4 - HC-KAR CNR: KAHC010340192026 NC: 2026:KHC:37762 CRL.A No. 850 of 2026 taken to the house of the appellant on the pretext of giving shelter to her. It is alleged that she had been subjected to penetrative sexual assault on several occasions. However, on 05.12.2025, she escaped from the place and reached her house and informed the same to her mother. On the basis of the said information, they conducted investigation and submitted the charge sheet. 3. The submission of the learned counsel for the appellant is that, the appellant was not aware about the actual age of the victim, she had voluntarily accompanied the appellant from Majestic to Jalahalli, where the appellant allegedly stayed there. In fact, the incident had not at all occurred. However, a false case has been registered against him. The investigation has been completed and charge sheet has been submitted. He is not required for any other purpose. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide by the conditions to be imposed in the event of his release on bail. Making such submissions, learned counsel for the appellant prays to allow the appeal. - 5 - HC-KAR CNR: KAHC010340192026 NC: 2026:KHC:37762 CRL.A No. 850 of 2026 4. Per contra, learned Additional State Public Prosecutor for respondent No.1-State vehemently submitted that the statement of the victim recorded by the learned Magistrate would indicate that she had been subjected to penetrative sexual assault on several occasions by the appellant during her stay in his house. The appellant in fact had induced her and taken her to his house and committed a heinous offence against the minor. Therefore, it is not appropriate to grant any relief as prayed for. Making such submissions, learned Additional State Public Prosecutor prays to reject the appeal. 5. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears that the victim left her house on 18.11.2025 and she was roaming here and there till 15.12.2025 and she reached her home. Thereafter she had informed the said incident to her mother. Having considered the nature and also the averments of the charge sheet, it is appropriate to grant any relief as prayed for. 6. Hence, I proceed to pass the following: - 6 - HC-KAR CNR: KAHC010340192026 NC: 2026:KHC:37762 CRL.A No. 850 of 2026 ORDER i) The appeal is allowed. ii) The order dated 04.04.2026 passed in Crl.Misc.No.93/2026 by the learned I Additional District and Sessions Judge, Ramanagara is set aside. iii) The appellant/accused is ordered to be enlarged on bail in Crime No.344/2025 of respondent - Police, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The appellant shall not threaten or tamper the prosecution witnesses. b) The appellant shall appear before the Trial Court on all hearing dates. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 20