SRI. MAHADEVAIAH @MAHADEVA, v. STATE BY KANAKAPURA TOWN POLICE STATION,
CRL.P/8703/2026 · 2026-07-23
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30758 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30758 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010412052026 NC: 2026:KHC:38174 CRL.P No. 8703 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8703 OF 2026 BETWEEN:
1.
SRI. MAHADEVAIAH @ MAHADEVA, S/O CHANNAIAH AGED ABOUT 54 YEARS, R/AT KUNDUR VILLAGE, B.G. PURA HOBLI, MALAVALLLI TALUK, MANDYA DISTRICT-571 430
2.
SMT. HEMAVATHI, W/O. SATISHA B.M.
AGED ABOUT 27 YEARS, R/AT KEREBEEDI, KURUPATE, KANAKAPURA TOWN AND TALUK, RAMANAGAR DIST.,-562117
…PETITIONERS (BY SRI. RAMAKRISHNA A.V., ADVOCATE) AND:
1.
STATE BY KANAKAPURA TOWN POLICE STATION, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001
2.
SRI. MAHADEVAIAH
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010412052026 NC: 2026:KHC:38174 CRL.P No. 8703 of 2026
S/O. LATE JAVARAIAH, AGED ABOUT 55 YEARS, R/AT 6TH CROSS, PIPELINE ROAD, BASAVESHWARANAGAR, KANAKAPURA TOWN AND TALUK, RAMANAGAR DIST. 562 117
…RESPONDENTS (BY SRI. RANGASWAMY .R., HCGP FOR R1 R2 - SERVED)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN CRIME NO.171/2025 OF KANAKAPURA TOWN POLICE STATION FOR THE OFFENCE P/US/ 137(2), 54, 64 OF BNS 2023 AND U/S.4, 6, 17 OF POCSO ACT 2012 WHICH IS PENDING ON THE FILE OF THE III ADDL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN SPL.C.NO.57/2026 AND DIRECT THE RESPONDENT NO.1 POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN THE SAID CRIME NUMBER.
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 Nos.3 and 4 in Special Case No.57/2026 pending before the Court of III Additional District and Sessions Judge and Special Judge, Ramanagara, arising out of Crime
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HC-KAR
CNR: KAHC010412052026 NC: 2026:KHC:38174 CRL.P No. 8703 of 2026
No.171/2025 registered by Kanakapura Town Police Station, Benglauru South District, for the offences punishable under Sections 137(2), 54 and 64 of BNS, 2023 and Sections 4, 6 and 17 of the POCSO Act, 2012, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.171/2025 was registered by Kanakapura Town Police Station, Benglauru South District, for the offence punishable under Section 137(2) of BNS, 2023, against Naveen, based on the first information dated 24.11.2025 received from respondent No.2, who is the father of the victim girl, aged 17 years 4 months, as on the date of registration of FIR. After completing investigation, charge sheet has been filed in the present case against four persons and petitioners herein are arraigned as accused Nos.3 and 4. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.335/2026, before the
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HC-KAR
CNR: KAHC010412052026 NC: 2026:KHC:38174 CRL.P No. 8703 of 2026
Trial Court, which was rejected on 04.06.2026. Therefore, they are before this Court. 4. FIR in the present case was registered against accused No.1 - Naveen, who is the son of accused Nos.3 and brother of accused No.4. Accused No.2 is the husband of accused No.4. In the charge sheet, it is alleged that accused No.1 and the victim were in love and on 21.11.2025, they had eloped. It is under these circumstances, FIR was registered against accused - Naveen. During the course of investigation, the victim girl was traced and after completing investigation, charge sheet is filed against four persons. Allegation as against petitioners, who are the father and sister of accused No.1 is that they had abetted him to commit the charge sheeted offences. It is under these circumstances, Section 17 of the POCSO Act, 2012, has been invoked in the charge sheet against the petitioners.
In the statement of the victim girl recorded under Section 183 of BNSS, 2023, before the jurisdictional Magistrate, no allegation is made as against the petitioners herein. Considering the aforesaid aspects of the matter and since charge sheet is already filed in the present case, I am of the opinion that the
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HC-KAR
CNR: KAHC010412052026 NC: 2026:KHC:38174 CRL.P No. 8703 of 2026
prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following
order:-
5. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Special Case No.57/2026 pending before the Court of III Additional District and Sessions Judge and Special Judge, Ramanagara, arising out of Crime No.171/2025 registered by Kanakapura Town Police Station, Benglauru South District, for the offences punishable under Sections 137(2), 54 and 64 of BNS, 2023 and Sections 4, 6 and 17 of the POCSO Act, 2012, subject to the following conditions:
1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.
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HC-KAR
CNR: KAHC010412052026 NC: 2026:KHC:38174 CRL.P No. 8703 of 2026
2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioners shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN List No.: 1 Sl No.: 63