- 1 - HC-KAR CNR: KAHC010483712026 NC: 2026:KHC:45082 CRL.P No. 10476 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10476 OF 2026 BETWEEN: KOMAL S/O KALICHARAN AGED ABOUT 25 YEARS PRESENTLY R/AT NO.45/22 MALLESHWARA SWAMY NILAYA 1ST MAIN, 7TH CROSS NEAR HANUMAN TEMPLE GARUDACHAR PALYA BANGALORE PERMANENT R/OFF 11TH CROSS GARUDACHAR PALYA MAHADEVAPURA BENGALURUCITY - 560 048. …PETITIONER (BY SRI KRISHNE GOWDA M, ADV.) AND: 1. STATE BY MAHADEVAPURA P.S. RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE0 - 560 001. 2. XXX …RESPONDENTS (BY SRI LETHIF B, ADV., FOR SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO PASS AN ORDER ENLARGING THE PETITIONER IN CR.NO.678/2024 OF MAHADEVAPURA POLICE NOW IN SPL.C.NO.1992/2024 AND THE FILE OF THE HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE (FTSC-1) BENGALURU FOR THE OFFENCE P/U/S 5(m),4,6 ACT 2012. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010483712026 NC: 2026:KHC:45082 CRL.P No. 10476 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 Special Case No.1992 of 2024 pending before the Court of Additional City Civil and Session Judge, FTSC-I, Bengaluru, arising out of Crime No.678 of 2024 registered by Mahadevapura Police Station, Bengaluru City for offences punishable under Sections 4, 5(m) and 6 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 petitioner and learned HCGP for respondent no.1. Respondent no.2, who is served in the matter has remained unrepresented. 3. FIR in Crime No.678 of 2024 was registered by Mahadevapura Police Station, Bengaluru City against the petitioner herein based on the first information dated 14.08.2024 received from respondent no.2 who is the father of the victim boy aged 3 years as on the date of incident. During - 3 - HC-KAR CNR: KAHC010483712026 NC: 2026:KHC:45082 CRL.P No. 10476 of 2026 the course of investigation, the petitioner was arrested on 14.08.2024 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.11664 of 2024 was rejected on 20.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that, the petitioner is in custody for the last more than 2 years. Material charge sheet witnesses have been already examined. For the last more than 9 months, there is absolutely no progress in the trial. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition submits that, the police witnesses and other official witnesses are yet to be examined. There is a prima facie case against the petitioner and the medical evidence also supports the charge sheet allegations. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010483712026 NC: 2026:KHC:45082 CRL.P No. 10476 of 2026 6. In the first information dated 14.08.2024 submitted by the father of the victim boy, it is stated that, on the said date at about 3.24 p.m, his wife had informed him that victim boy who had gone to the adjacent house had returned home weeping and on enquiry, he informed his mother that the petitioner on the pretext of giving him sweets had undressed him and had unnatural sex with him. It is under these circumstances, FIR was registered against the petitioner. 7. During the course of investigation, the petitioner was arrested on 14.08.2024. Before the Trial Court, the parents of the victim boy, the victim boy and the doctor, who had medically examined the victim boy are already examined. It is brought to the notice of this Court by the learned counsel for the petitioner that out of the 21 charge sheet witnesses cited in the present case, as on this day, only 7 witnesses have been examined as PW1 to PW7. 8. Order sheet of the Trial Court made available to this Court by learned counsel for the petitioner would go to show that, for the last more than 9 months, there is absolutely no - 5 - HC-KAR CNR: KAHC010483712026 NC: 2026:KHC:45082 CRL.P No. 10476 of 2026 progress in the trial and not even a single witness has been examined. The petitioner aged 25 years having no other criminal antecedents is in custody for more than 2 years. Since the material charge sheet witnesses are already examined there cannot be any apprehension that the petitioner may tamper with the said witnesses. 9. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 10. Under circumstances, the following:- - 6 - HC-KAR CNR: KAHC010483712026 NC: 2026:KHC:45082 CRL.P No. 10476 of 2026 ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.1992 of 2024 pending before the Court of Additional City Civil and Session Judge, FTSC-I, Bengaluru, arising out of Crime No.678 of 2024 registered by Mahadevapura Police Station, Bengaluru City for offences punishable under Sections 4, 5(m) and 6 of POCSO Act, 2012, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum (out of which one must be local surety), 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; - 7 - HC-KAR CNR: KAHC010483712026 NC: 2026:KHC:45082 CRL.P No. 10476 of 2026 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 NMS List No.: 1 Sl No.: 71