Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 33731 (KAR)

ARAVINDA v. THE STATE BY

CRL.P/10394/2026 · 2026-08-12

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010481522026 NC: 2026:KHC:42957 CRL.P No. 10394 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10394 OF 2026 BETWEEN: ARAVINDA S/O JAYANAIKA AGED ABOUT 20 YEARS R/O TIMLAPURA TANDA VILLAGE SHIKARIPURA TALUK SHIVAMOGGA DIST PIN - 577 427. …PETITIONER (BY SRI PRASHANTH D, ADV.) AND: 1. THE STATE BY SHIKARIPURA RURAL POLICE STATION SHIVAMOGGA, REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SMT. DEEPTHI SHETTY, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.88/2026 AND REGISTERED BY SHIVAMOOGA RURAL POLICE STATION FOR THE OFFENCE P/US/ 64(2)(f)(m),329(4) OF BNS ACT AND SEC.6 AND 17 OF POCSO ACT BEFORE THE ADDL DISTRICT AND SESSIONS JUDGE, FTSC I (POCSO) SHIVAMOGGA BY GRANTING BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010481522026 NC: 2026:KHC:42957 CRL.P No. 10394 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in Spl.C.No.88/2026 pending before the Court of Addl. District & Sessions Judge, FTSC-1 (POCSO), Shivamogga, arising out of Crime No.16/2026 registered by Shikaripura Rural Police Station, Shivamogga District, for the offences punishable under Sections 64(2)(f), 64(2)(m), 329(4) of BNS, 2023, and Sections 6 & 17 of 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.16/2026 was registered by Shikaripura Rural Police Station, Shivamogga District, for the aforesaid offences against the petitioner and others based on the first information dated 17.01.2026 received from the alleged victim. In the said case, petitioner was arrested on 17.01.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against five persons and petitioner is arrayed as accused no.1 in the charge sheet. His bail - 3 - HC-KAR CNR: KAHC010481522026 NC: 2026:KHC:42957 CRL.P No. 10394 of 2026 application filed in Spl.C.No.88/2026 before the Trial Court was rejected on 21.04.2026. Therefore, petitioner is before this Court. 4. Perusal of the material on record would go to show that petitioner aged 20 years and the victim girl are in love. Their marriage engagement ceremony was performed on 18.12.2025 by the elders of both the families. It appears that prior to the engagement ceremony, petitioner and the victim girl who were in love, had sexual intercourse and as a result, she had conceived. The statement of the victim girl under Section 183 of BNSS, 2023, was recorded by the jurisdictional Magistrate on 20.01.2026. She has not made any serious allegations, and on the other hand, she has stated that she is in love with the petitioner for more than five years and her wedding engagement has been already performed with the petitioner by the relatives of both the families. 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: - 4 - HC-KAR CNR: KAHC010481522026 NC: 2026:KHC:42957 CRL.P No. 10394 of 2026 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.88/2026 pending before the Court of Addl. District & Sessions Judge, FTSC-1 (POCSO), Shivamogga, arising out of Crime No.16/2026 registered by Shikaripura Rural Police Station, Shivamogga District, for the offences punishable under Sections 64(2)(f), 64(2)(m), 329(4) of BNS, 2023, and Sections 6 & 17 of 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; 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 - 5 - HC-KAR CNR: KAHC010481522026 NC: 2026:KHC:42957 CRL.P No. 10394 of 2026 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK