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2026 DAILYLAW 32377 (KAR)

MR. MANOJ. S @ MANOJ GOWDA v. STATE OF KARNATAKA BY

CRL.P/1343/2026 · 2026-08-19

S Vishwajith Shetty

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010064832026 NC: 2026:KHC:44513 CRL.P No. 1343 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1343 OF 2026 BETWEEN: MR. MANOJ. S @ MANOJ GOWDA SON OF SHIVAMURTHY AGED ABOUT 24 YEARS RESIDENT OF KAGGALIPURA VILLAGE SOSALEHOBLI, T.NARASIPURA TALUK MYSURU DISTRICT - 571 120. …PETITIONER (BY SRI. LAKSHMIKANTH G, ADVOCATE FOR SRI. SUNILKUMAR S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY NANDINI LAYOUTPOLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BULILDING, BANGALORE - 560 001. 2. SMT. MANGALAMMA WIFE OF SIDDALINGAA AGED ABOUT 38 YEARS RESIDING AT NO.41, 3RD MAIN, JAI MARUTHINAGAR, NANDINI LAYOUT, BENGALURU - 560 096 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. K.A. CHANDRA SHEKARA, ADVOCATE FOR R2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010064832026 NC: 2026:KHC:44513 CRL.P No. 1343 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.271/2025 OF NANDINI LAYOUT P.S. (IN SPL.C.NO.2785/2025) FOR ALLEGED OFFENCE P/U/S 4(2) OF POCSO ACT AND SEC.351(2), 65(1) OF BNS PENDING ON THE FILE OF HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-II BENGALURU. 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.2785 of 2025 pending before the Court of Additional City Civil and Sessions Judge, FTSC-II Bengaluru, arising out of Crime No.271 of 2025 registered by Nandini Layout Police Station, for the offences punishable under Section 4(2) of POCSO Act, 2012 and Sections 351(2), 65(1) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 is seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010064832026 NC: 2026:KHC:44513 CRL.P No. 1343 of 2026 3. FIR in Crime No.271 of 2025 was registered by Nandini Layout Police Station, against the petitioner herein for the aforesaid offences, based on the first information dated 24.09.2025 received from respondent No.2, who is the mother of the victim girl aged 16 years. During the course of investigation, the petitioner was arrested on 08.10.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.9060 of 2025 was rejected on 05.01.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, the petitioner and the victim girl are in love. Victim girl is now examined before the Trial Court as PW-4 and she has turned hostile to the case of prosecution. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor and learned counsel appearing for respondent - 4 - HC-KAR CNR: KAHC010064832026 NC: 2026:KHC:44513 CRL.P No. 1343 of 2026 No.2 have opposed the prayer made by the petitioner. Learned counsel for respondent No.2 submits that the parents of the victim girl are yet to be examined. Victim girl was a minor as on the date of the incident. Accordingly, prays to dismiss the petition. 6. In the first information dated 24.09.2025, the mother of the victim girl has stated that her daughter is pursuing her 2nd year PUC and she was acquainted to the petitioner and they were regularly talking to each other over phone and also exchanging messages over Instagram. She had therefore advised her daughter in this regard. On 24.09.2025, the petitioner allegedly had called the first informant and informed her that he was in love with her daughter and he would be marrying her. On enquiry, victim girl allegedly informed her mother that with a promise to marry her, the petitioner had sexual intercourse with her against her wish. It is under this circumstances, FIR was registered against the petitioner. - 5 - HC-KAR CNR: KAHC010064832026 NC: 2026:KHC:44513 CRL.P No. 1343 of 2026 7. Investigation of the case is completed and the charge sheet has been filed against the petitioner for the aforesaid offences. Victim girl who has been examined before the Trial Court as PW-4 is treated as a hostile witness and cross-examined by the Public Prosecutor. Since the material charge sheet witness is already examined, there cannot be any apprehension that the petitioner may tamper with the said witness. The petitioner aged 24 years, having no other criminal antecedents, is in custody for the last more than 10 months. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following order: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.2785 of 2025 pending before the Court of - 6 - HC-KAR CNR: KAHC010064832026 NC: 2026:KHC:44513 CRL.P No. 1343 of 2026 Additional City Civil and Sessions Judge, FTSC-II Bengaluru, arising out of Crime No.271 of 2025 registered by Nandini Layout Police Station, for the offences punishable under Section 4(2) of POCSO Act, 2012 and Sections 351(2), 65(1) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute 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; - 7 - HC-KAR CNR: KAHC010064832026 NC: 2026:KHC:44513 CRL.P No. 1343 of 2026 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 of. SD/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 43