- 1 - HC-KAR CNR: KAHC010444642026 NC: 2026:KHC:40689 CRL.P No. 9446 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. 9446 OF 2026 BETWEEN: MR. SAMEER @ SYED SAMNEER S/O. LATE SYED IQBAL AGED ABOUT 24 YEARS R/AT. JHANDA KATTE, NEAR NEW MASJI ARALIAHLLI VILLAGE, BHADRAVATHI TALUK SHIVAMOGGA 577 301 (THE PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONER (BY SRI K.V. SATEESH CHANDRA, ADV.) AND: 1. STATE BY INSPECTOR OF POLICE RURAL POLICE STATION BHADRAVATHI TALUK SHIVAMOGGA - 577 301. 2. XXX …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.97/2026 ARISING OUT OF CR.NO.19/2026 REGISTERED BY BHADRAVATHI RURAL P.S., PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, AT SHIVAMOGGA, FOR THE OFFENCES P/U/S 89,64(2)(m),329(4) OF BNS, U/S 6 OF POCSO ACT, 2012 AND DIRECT THE PETITIONER TO BE RELEASED ON 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: KAHC010444642026 NC: 2026:KHC:40689 CRL.P No. 9446 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Special Case No.97/2026 pending before the Court of Additional District and Sessions Judge and FTSC-I, Shivamogga, arising out of Crime No.19/2026 registered by Bhadravathi Rural Police Station, Shivamogga, for the offences punishable under Sections 64(2)(m), 329(4), 89 and 3(5) of BNS, 2023, and Sections 6, 17 and 21 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 petitioner and the learned Additional SPP for respondent No.1 - State. Respondent No.2, who is the father of the victim girl, has remained unrepresented before this Court inspite of service of notice. 3. FIR in Crime No.19/2026 was registered by Bhadravathi Rural Police Station against petitioner herein and others based on the first information dated 04.02.2026 received from the victim girl aged 16 years 8 months as on the date of registration of FIR. In the said case, petitioner was arrested on - 3 - HC-KAR CNR: KAHC010444642026 NC: 2026:KHC:40689 CRL.P No. 9446 of 2026 07.02.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Special Case No.97/2026 was rejected on 12.05.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that mother of the victim girl has expired about 13 years prior to the date of registration of FIR in the present case. Whereas her father has remarried and is residing separately. Grandmother and uncle of the victim girl were taking care of her thereafter and it appears that they had performed the wedding engagement ceremony of the victim girl with the petitioner. It appears that subsequently petitioner and the victim girl were moving together and as a result of their consensual sex, victim girl had conceived and therefore, her aunt had taken her to Hospital for aborting her pregnancy and it is under these circumstances, FIR was registered against the petitioner and his family members. - 4 - HC-KAR CNR: KAHC010444642026 NC: 2026:KHC:40689 CRL.P No. 9446 of 2026 5. Investigation of the case is completed and charge sheet has been filed. Petitioner, aged 24 years, who has no other criminal antecedents, is in custody for the last more than five months. Considering the nature of allegations as against the petitioner and also having regard to the statement of the victim girl recorded under Section 183 of BNSS, 2023, by the Court of Magistrate, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.97/2026 pending before the Court of Additional District and Sessions Judge and FTSC-I, Shivamogga, arising out of Crime No.19/2026 registered by Bhadravathi Rural Police Station, Shivamogga, for the offences punishable under Sections 64(2)(m), 329(4), 89 and 3(5) of BNS, 2023, and Sections 6, 17 and 21 of the POCSO Act, 2012, 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 - 5 - HC-KAR CNR: KAHC010444642026 NC: 2026:KHC:40689 CRL.P No. 9446 of 2026 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.: 89