- 1 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 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. 7080 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI SUNIL @ NINGARAJU S/O CHANNANINGAIAH AGED ABOUT 33 YEARS (34 YEARS AS ON TODAY) R/AT.NO. CHANNANAKERE VILLAGE AREKERE HOBALI, SRIRANGAPATANA TALUK MANDYA, KARNATAKA PIN CODE-571438 …PETITIONER (BY SMT. RAKSHA KEERTHANA., ADVOCATE FOR SRI. KEMPARAJU., ADVOCATE) AND: 1. STATE OF KARNTAKA BY PANDAVAPURA P.S. REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. 2. SRI NAGESHA N B S/O LATE PUTTABOREGOWDA Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 of 2026 AGED ABOUT 55 YEARS, (56 YEARS AS ON TODAY) R/AT. HARALAHALLI, HOSABADAVANE KASABA HOBALI, PANDAVAPURA TALUK MANDYA, KARNATAKA PINCODE-571402 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C NO.76/2025 (CRIME NO.22/2025) PENDING ON THE FILE OF THE HONBLE ADDL.SESSIONS JUDGE FTSC-II MANDYA REGISTERED BY THE RESPONDENT PANDAVAPURA POLICE STATION FOR THE OFFENCES P/U/S 137(2), 78(2), 64(1), 64(2)(m) 87, 3(5) OF BNS 2023 AND 4, 6, 8, 12, 17 OF POCSO ACT 2012 AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Special Case No.76/2025 pending before the Court of Additional Sessions Judge-FTC-II, Mandya, arising out of Crime No.22/2025 registered by Pandavapura Police Station, Mandya, for offences - 3 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 of 2026 punishable under Sections 137(2), 78(2), 64(1), 64(2)(m), 87 & 3(5) of BNS, 2023, Sections 4, 6, 8, 12 & 17 of POCSO Act, 2012 is before this Court in this successive bail petition filed under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.22/2025 was registered by Pandavapura Police Station for offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein based on the first information dated 28.01.2025 received from the respondent No.2, who is the father of alleged victim aged 17 years 5 months as on the date of registration of FIR. In the said case, petitioner was arrested on 03.02.2025 and remanded to the judicial custody. After completing the investigation charge sheet was filed against four persons and petitioner is arrayed as accused No.1. His bail application filed before the trial - 4 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 of 2026 court was rejected and therefore petitioner had earlier approached this Court in Crl.P.No.8299/2025, which was dismissed as not pressed on 16.07.2025 with liberty to the petitioner to file a fresh bail application before the trial court after examination of the victim girl is completed. It is under these circumstances, petitioner had filed a fresh bail application before the trial court in S.C.No.76/2025, which was rejected on 16.04.2026. Therefore, he is before this court. 4. Learned counsel for the petitioner submits that victim girl has been now examined before the trial court as PW1 and she is completely cross-examined. Out of the 46 charge sheet witnesses cited in the present case, as on this date, only one charge sheet witness has been examined. Petitioner is a married man and has no other criminal antecedents. Accordingly, she prays to allow the petition. - 5 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 of 2026 5. Per contra, learned High Court Government Pleader who has oppose the petition submits that victim girl who was a minor has supported the case of the prosecution. Accordingly, prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner is a married man having three minor children. He was working as a driver in the college bus in which, the alleged victim aged 17 years 5 months was travelling to her college. The charge sheet material as well as the deposition of the victim girl would go to show that after the petitioner had allegedly proposed to her, she had agreed to love him and thereafter they had travelled together to many places including Ooty, Mantralaya, Dharmasthala etc., and had stayed together. Allegation against the petitioner is that he had sexual intercourse with the victim girl during such stay against her wish. Victim girl was aged 17 years 5 months as on the date of FIR and she had the worldly knowledge of the - 6 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 of 2026 consequences of the act in which she was indulged. The petitioner is a married man, who is in custody for the last one and half years. Since the victim girl has now been examined completely before the sessions court, there cannot be any apprehension that the petitioner may tamper with the material charge sheet witnesses. Out of 46 charge sheet witnesses as on this date, only 1 charge sheet witness has been examined. 7. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh .v. State of Maharashtra and Another reported in (2024) 9 SCC 813, at paragraph No.17 has observed as follows: "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 of any other prosecuting agency should not oppose the pleas for bail on the ground that the crime - 7 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 of 2026 committeed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime." 8. All other accused persons charge sheeted in the present case were granted regular bail in Crl. P.No.3055/2025 vide order dated 20.03.2025. Under the circumstances, I am the view that without expressing any opinion on the merits and demerits of the matter, payer for grant regular bail is allowed. Accordingly, the following; ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.76/2025 pending before the Court of Additional Sessions Judge-FTC-II, Mandya, arising out of Crime No.22/2025 registered by Pandavapura Police Station, Mandya, for offences punishable under Sections 137(2), 78(2), 64(1), 64(2)(m), 87 & 3(5) of BNS, 2023, Sections 4, 6, 8, 12 & 17 of POCSO Act, 2012 subject to the following conditions: - 8 - HC-KAR CNR: KAHC010334272026 NC: 2026:KHC:42409 CRL.P No. 7080 of 2026 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 the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KLY List No.: 1 Sl No.: 41