- 1 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 365 OF 2026 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. KAYAMUDDIN ANSARI S/O NOORMAHMMAD. AGED ABOUT 21 YEARS R/AT BARAWA BABHNAULI GODARIA, KUSHINAGAR UTTAR PRADESH -274 303. NAME AS PER ADHAAR CARD IN CHARGE SHEET IT IS WRONGLY REFLECTED AS KYAMUDDIN @ RIYAZ ANSARI. … PETITIONER (BY SRI. MARUTHEESHA K., ADVOCATE) AND: 1. STATE BY MAHADEVAPURA P.S WHITEFIELD MAIN ROAD NEAR BIMAL CAR SHOW ROOM MAHADEVAPURA BANGALORE CITY - 560 048 BY STATE PUBLIC PROSECUTOR 2. SMT. BUCHHI DEVI W/O SUNDAR SINGH AGED ABOUT 28 YEARS C/O KRISHNAMURTHY'S RENT HOUSE 15TH CROSS, NEAR OM SHANTHI TEMPLE Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 HOODI, MAHADEVAPURA BENGALURU … RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2 - SERVED) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS), PRAYING TO A. GRANT BAIL TO THE PETITIONER IN SPL.C.NO.2133/2025, PENDING BEFORE IN THE COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE FTSC-V, BENGALURU, ARISING OUT OF CRIME NO.447/2025 REGISTERED AT MAHADEVAPURA POLICE STATION, FOR THE ALLEGED OFFENCE P/U/S 5(M) AND 6 OF POCSO ACT 2012, AND SECTIONS 65(2), 351(2) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.C.No. 2133/2025 pending before the Court of Additional City Civil and Sessions Judge - FTSC-V, Bengaluru, arising out of Crime No. 447/2025 registered by Mahadevapura Police Station, Bangalore, for the offences punishable under Sections 65(2), 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Sections 5(m) and 6 of the POCSO Act, 2012, is before this Court in this petition - 3 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.447/2025 was registered by Mahadevapura Police Station, Bangalore, against the petitioner based on the first information dated 14.07.2025 submitted by respondent No. 2 who is the mother of the victim girl. During the course of investigation of the said case, petitioner herein was arrested on 14.07.2025 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. 8968/2025 was rejected on 03.11.2025. Therefore, he is before this Court. - 4 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 4. Learned counsel for the petitioner submits that medical documents available on record do not support the charge sheet allegations found against the petitioner, who is aged 21 years. He submits that before the trial Court, in spite of coercive steps being taken, C.W.1 to C.W.6 have remained absent and petitioner is in custody for the last more than 1 year. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that the victim girl has made serious allegations against the petitioner in her statement recorded under Section 183 of BNSS, 2023. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered against the petitioner based on the first information dated 14.07.2025 submitted by respondent No. 2 who is the mother of the victim girl, aged about 11 years. In the first information, it is alleged that, on 14.07.2025 petitioner - 5 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 who entered the house of the first informant, threatened the victim girl who was alone inside the house and after removing her dress, had forcible sexual intercourse with her and in the meanwhile, the elder sister of the victim girl knocked the door of the house and therefore, petitioner opened the door of the house and ran away. The injured girl was immediately shifted to hospital and the medical records of the victim girl do not suggest any kind of injury on her body, either external or internal. Even on her private parts, there were no injuries and the hymen is stated to be intact. 7. Petitioner aged 21 years, having no other criminal antecedents is in custody for the last more than 1 year. The order sheet of the trial Court made available to this Court by the learned counsel for the petitioner would go to show that in spite of service of witness summons, C.W.1 to C.W.6 had not appeared before the trial Court and therefore, coercive steps have been taken against - 6 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 them including issuance of non-bailable warrant through the Commissioner of Police as well as through DGIGP. Even the said non-bailable warrants have returned unexecuted. Under the said circumstances, the chances of the trial being completed and the case being disposed of in the near future is very remote. The continued detention of the petitioner, aged 21 years, in jail amongst hardcore criminals, is likely to have an adverse impact on his mindset and his further prospects. 8. Under the circumstances, I am of the opinion that, petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.no. 2133/2025 pending before the Court of Additional City Civil and Sessions Judge - FTSC-V, Bangaluru, arising out of Crime No. 447/2025 registered by Mahadevapura Police Station, Bangalore, for - 7 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 the offences punishable under Sections 65(2), 351(3) of BNS, 2023 and Sections 5(m) and 6 of the POCSO Act, 2012 subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which, one shall be local surety to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the date 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 - 8 - HC-KAR CNR: KAHC010018852026 NC: 2026:KHC:39362 CRL.P No. 365 of 2026 case registered against him is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE VP