- 1 - HC-KAR CNR: KAHC010461772026 NC: 2026:KHC:42575 CRL.P No. 9995 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9995 OF 2026 BETWEEN: SHIVAPRASAD D S/O SHIVARAMA DEVADIGA AGED ABOUT 19 YEARS R/AT NO.2-58/1B, CHANDRAVATHI NIVASA, PUCCHEBETTU, NELLIKARU VILLAGE, KARKALA TALUK UDUPI DISTRICT - 574 107. …PETITIONER (BY SRI SACHIN K NAIK, ADV.) AND: 1. STATE OF KARNATAKA BY PUTTUR WOMEN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI KETHAN KUMAR, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPECIAL CASE NO.5032/2026 REGISTERED FOR THE OFFENCES P/U/S 5(L) 6 OF THE POCSO ACT AND SECTION 64(2)(m) OF THE BNS 2023 PURSUANT TO REGISTRATION OF FIR IN CRIME NO.22/2026 REGISTERED BY THE PUTTUR WOMEN POLICE STATION PENDING ON THE FILE OF THE VII ADDL.DISTRICT AND SESSIONS JUDGE, MANGALURU D.K.SITTING AT PUTTUR. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010461772026 NC: 2026:KHC:42575 CRL.P No. 9995 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 Spl.C.No.5032/2026 pending before the Court of VII Addl. District & Sessions Judge, Mangaluru, D.K., sitting at Puttur, arising out of Crime No.22/2026 was registered by D.K.Women Police Station, Dakshina Kannada District, for the offences punishable under Section 64(2)(m) of BNS, 2023, and Sections 5(l) & 6 of the POCSO Act, 2012, 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.22/2026 was registered by D.K.Women Police Station, Dakshina Kannada District, for the aforesaid offences against the petitioner herein based on the first information dated 14.04.2026 received from respondent no.2 who is the mother of the victim girl aged 17 years. During the course of investigation of the case, petitioner was arrested on 14.04.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed for the aforesaid offences. His bail application filed before the Trial Court in Spl.C.No.5032/2026 was rejected on 27.06.2026. Therefore, petitioner is before this Court. - 3 - HC-KAR CNR: KAHC010461772026 NC: 2026:KHC:42575 CRL.P No. 9995 of 2026 4. Perusal of the material on record would go to show that victim girl and the petitioner got acquainted through instagram application and subsequently they were in love with each other. After the victim girl was found to be pregnant, her mother had approached the police station on 14.04.2026 and FIR was registered against the petitioner for the aforesaid offences. Petitioner was arrested on 14.04.2026 and remanded to judicial custody. Charge sheet is now filed against him for the aforesaid offences. 5. The statement of the victim girl who was studying in II year PUC has been recorded under Section 183 of BNSS, 2023, by the jurisdictional Court of Magistrate on 05.05.2026. The victim girl has stated that she is acquainted to the petitioner for the last two years, and they are in love. Petitioner had come to her house in the month of September 2025. On the said date, he had sexual intercourse with her in her house with a promise to marry her and as a result, she had conceived. The victim girl aged 17 years had the worldly knowledge of the consequences that may arise due to the act committed by her. 6. Petitioner, aged 19 years, is in custody from 14.04.2026. Investigation of the case is already completed. The victim girl has not made any serious allegation against the petitioner in her statement - 4 - HC-KAR CNR: KAHC010461772026 NC: 2026:KHC:42575 CRL.P No. 9995 of 2026 recorded under Section 183 of BNSS, 2023, and on the other hand, she has stated that she and the petitioner are in love. 7. Learned Counsel for respondent no.2, on instructions, submitted that the parents of both the parties have now decided to perform the marriage of the petitioner with the victim girl after the victim girl attains the age of majority. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.5032/2026 pending before the Court of VII Addl. District & Sessions Judge, Mangaluru, D.K., sitting at Puttur, arising out of Crime No.22/2026 was registered by D.K.Women Police Station, Dakshina Kannada District, for the offences punishable under Section 64(2)(m) of BNS, 2023, and Sections 5(l) & 6 of the POCSO Act, 2012, subject to the following conditions: a) 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; - 5 - HC-KAR CNR: KAHC010461772026 NC: 2026:KHC:42575 CRL.P No. 9995 of 2026 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 KK