- 1 - HC-KAR CNR: KAHC010417862026 NC: 2026:KHC:40653 CRL.P No. 8871 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8871 OF 2026 BETWEEN: SRI GOPALA S/O SHARANAPPA AGED ABOUT 25 YEARS R/AT C/O RAJANNA, SUGGATA HUNASAMARANAHALLI YELAHANKA, BANGALORE CITY - 562 157 AND ALSO PERMANENT ADDRESS KILANAKERA VILLAGE AND POST YADAGIRI TALUK AND DISTRICT PIN CODE - 585 201. …PETITIONER (BY SRI NARAYANASWAMY K.N, ADV.) AND: 1. THE STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION REP.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI RAMESH H.N, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF THE CODE OF BNSS, 2023. IN CRIME NO.106/2026 OF CHIKKAJALA POLICE STATION FOR THE OFFENCES P/U/S 64 OF BNS 2023 AND U/S 4, 5(j)(ii) OF POCSO ACT 2012 PENDING ON THE FILE OF HONBLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE FTSC-IV AT BANGALORE. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010417862026 NC: 2026:KHC:40653 CRL.P No. 8871 of 2026 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 in Crime No.106/2026 registered by Chikkajala police Station, Bengaluru, for the offences punishable under Sections 6, 5(j)(ii) of the POCSO Act, 2012 and Section 64(1) of BNS, 2023, 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.106/2026 was registered by Chikkajala Police Station, Bengaluru, for the offence punishable under Section 4 of the POCSO Act, 2012, against the petitioner, after a zero FIR was registered by Ilkal Rural Police Station, Bagalakote, based on the first information received from the victim girl, aged 17 years. During the course of investigation of the case, petitioner was arrested on 06.05.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail - 3 - HC-KAR CNR: KAHC010417862026 NC: 2026:KHC:40653 CRL.P No. 8871 of 2026 application filed before the jurisdictional Sessions Court in Crl.Misc.No.4751/2026 was rejected on 18.06.2026. Therefore, he is before this Court. 4. First information has been received in the present case after the victim girl had delivered a girl child. In the first information, it is stated that petitioner and victim girl are in love and as a result of their relationship, victim girl had conceived and subsequently, delivered the girl child. Statement of the victim girl under Section 183 of BNSS, 2023, has been recorded in the present case on 21.05.2026. Victim girl has stated that she is living with her uncle and aunt for the last 4 months. On 23.07.2025, petitioner came to the place where she was sleeping at about 03.30 a.m. and took her to his house and had sexual intercourse with her. Her aunt and uncle came to know about the same and subsequently, she had conceived and thereafter, delivered a girl child. 5. Material on record would go to show that father of the victim girl has expired and her mother is suffering from certain illness. Therefore, victim girl has been residing in the house of - 4 - HC-KAR CNR: KAHC010417862026 NC: 2026:KHC:40653 CRL.P No. 8871 of 2026 her uncle and aunt. It appears that she got acquainted to the petitioner and they stated loving each other. Victim girl is aged 17 years and petitioner is aged 25 years. Petitioner and the victim girl were of the age in which they would be having knowledge about the consequences that would arise out of the act committed by them. Investigation of the case is now completed and charge sheet has been filed. Trial in the case is yet to commence. It is not in dispute that petitioner has no other criminal antecedents. Material on record would go to show that petitioner was taking care of the victim girl, who was staying in the house of her aunt and uncle after her father had died. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without expressing any opinion on merits and demerits of the case. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.106/2026 registered by Chikkajala police Station, Bengaluru, for the offences punishable under - 5 - HC-KAR CNR: KAHC010417862026 NC: 2026:KHC:40653 CRL.P No. 8871 of 2026 Sections 6, 5(j)(ii) of the POCSO Act, 2012 and Section 64(1) of BNS, 2023, 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.: 67