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2026 DAILYLAW 32077 (KAR)

MR ARVIND R @ ARVIND PAUL v. THE STATE OF KARNATAKA

CRL.P/7778/2026 · 2026-08-18

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7778 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR ARVIND R @ ARVIND PAUL SON OF RAVI AGED ABOUT 23 YEARS R/AT NO. 199, 1ST CROSS, SINGAPURA GARDEN, VIDYARANYAPURA, BENGALURU - 560 043 …PETITIONER (BY SRI. RAJANNA B C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH VIDYARANYAPURA POLICE STATION BENGALURU - 560 097 REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT, COURT COMPLEX, BENGALURU- 560 001 2. SMT. PRAVEENA W/O SATISH KUMAR AGED ABOUT 46 YEARS R/AT PLOT NO.312, ASN GARDEN, B-BLOCK, HORAMAVU, BENGALURU - 560 043 …RESPONDENTS (BY SRI. RANGASWAMY.R., HCGP FOR R1; R2 SERVICE HELD SUFFICIENT V/O DTD 20.07.2026) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE ACCUSED NO-1/PETITIONER ON BAIL IN CRIME NO:132/2026 OF VIDYARANYAPURA POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 64, 137(2) OF BHARATIYA NYAYA SANHITA (BNS) AND UNDER SECTIONS 4, 6, 11(iv), 12, 17 OF POCSO ACT 2012, WHICH IS PENDING ON THE FILE OF HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-4, BENGALURU CITY. THIS 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 No.1 in Special Case No.1130/2026 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.132/2026 registered by Vidyaranyapura Police Station, Bengaluru, for offences punishable under Sections 87, 64 (2)(m), 115(2), 65(1) of BNS, 2023 and Sections 4(2), 5(L), 6, 17 of POCSO 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: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.132/2026 was registered by Vidyaranyapura Police Station, Bengaluru, against the petitioner herein for the aforesaid offences based on the first information dated 30.03.2026 received from respondent No.2, who is the mother of the victim girl, who was aged 17 years as on the date of registration of the FIR. During the course of investigation of the said case, petitioner was arrested on 02.04.2026 and remanded to judicial custody. His bail application filed before the Jurisdictional Sessions Court in Criminal Misc.No.3829/2026 was rejected on 11.05.2026. Therefore, he is before this Court. 4. In the first information submitted by the mother of the victim girl, it is stated that on 23.01.2026, her elder - 4 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 daughter aged 17 years, studying in I year PUC, who is the victim in the present case, had gone out of the house. At about 06.45 p.m. on the said day, petitioner had contacted the first informant over phone and informed her that victim had met with an accident and she was admitted to the hospital. When the first informant tried to contact the victim over phone, she found that her phone was switched off. Thereafter, her daughter had not returned home and therefore, on 02.02.2026, she had submitted a missing complaint before the Hennur Police Station based on which, FIR was registered against the petitioner in Crime No.50/2026. Subsequently, the girl was traced on 05.02.2026 and on enquiry, she had revealed that she got acquainted with the petitioner in the year 2020 and from 22.10.2023 to July 2024, continuously he had sexual intercourse with her and as a result she had conceived and her pregnancy was terminated after she had consumed the tablets given to her by the petitioner and his family members. It is under these circumstances, - 5 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 FIR was registered against the petitioner for the aforesaid offences in Crime No.132/2026. 5. The statement of the victim girl under Section 183 of BNSS, 2023, has been recorded in the present case by the Court of jurisdictional Magistrate on 02.04.2026. The victim girl has stated that her parents had divorced about 14 years back and her mother, thereafter, had contracted a second marriage. She got acquainted with the petitioner in the year 2020 and they were exchanging WhatsApp messages and after coming to know about the same, her mother had abused her. On 22.10.2023, she had quarreled with her mother and she had bit the finger of her mother and therefore, her mother had gone to the hospital for treatment. Thereafter, the victim had left her mother’s house and took shelter in the house of petitioner's sister, where the petitioner and his other relatives were also staying. She has stated that ever since then, she has been residing in the house of the sister of - 6 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 the petitioner and had consensual sex with the petitioner, who had promised to marry her. She has also stated that as a result of their relationship, she had conceived multiple times and her pregnancy was aborted after consuming the tablets, which were given by the petitioner. In the month of January, 2026, the petitioner had shifted to a new house and when the victim went to the said house, she found that the petitioner was in the company of some other girl and therefore, there was a quarrel between them and petitioner allegedly had assaulted her and thereafter, had taken her to the hospital. It appears that at this juncture, mother of the victim girl had approached the police by filing a missing document. 6. A reading of the statement of the victim girl would go to show that ever since the year 2023 she was staying along with the petitioner in his sister's house. No efforts were made by the mother of the victim girl to bring her back and for more than a period of two years, victim girl - 7 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 was living with petitioner and his family members. It appears that after a dispute arose between the petitioner and the victim girl, having regard to the fact that the petitioner was found in the company of another girl in his new house, the victim girl had complained against him. 7. Petitioner, aged 23 years, having no other criminal antecedents, is in custody for the last 4 months. Investigation of the case is completed and charge sheet has been filed. Continued detention of the petitioner in custody with hardcore criminals, will have an adverse impact on his mindset and future career. Considering the nature of allegations found against him in 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: - 8 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 ORDER (i) The criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.1130/2026 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.132/2026 registered by Vidyaranyapura Police Station, Bengaluru, for offences punishable under Sections 87, 64 (2)(m), 115(2), 65(1) of BNS, 2023 and Sections 4(2), 5(L), 6, 17 of POCSO Act, 2012, subject to the following conditions: a) The 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; - 9 - HC-KAR CNR: KAHC010369642026 NC: 2026:KHC:44251 CRL.P No. 7778 of 2026 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 DM List No.: 1 Sl No.: 35