- 1 - HC-KAR CNR: KAHC010464172026 NC: 2026:KHC:43369 CRL.P No. 10043 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10043 OF 2026 BETWEEN: ROSHAN KUMAR S/O MADAN MANDAL AGE ABOUT 22 YEARS R/AT BOGHJOPA PO AND VILLAGE JAMATHANA, DHUNKA DISTRICT JHARKHAND. …PETITIONER (BY SRI MOHAMMED PASHA C, ADV.) AND: 1. THE STATE OF KARNATAKA BY YELAHANKA P.S REP BY SPP, HIGH COURT OF KARNATAKA BUILDING - 560 001. 2. SMT. BASANTHI BANDARI W/O INDAR BAHADDUR AGED ABOUT 36 YEARS R/AT NO-170, BSPS GOVT. SCHOOL NEAR KUVEMPU MAIN ROAD, KEMPAPURA HEBBALA, BENGALURU CITY KARNATAKA - 560 024. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI ROHITH KASHYAP M.S, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS BAIL APPLICATION AND ENLARGE HIM ON REGULAR BAIL IN SPL.C.NO.972/2026 ARISING OUT OF CR.NO.102/2026 AGAINST THE PETITIONER REGISTERED BY YELAHANKA P.S., FOR THE OFFENCE P/U/S 64(2(m) OF BNS, 2023, U/S 5(J)(II),5(L),6 OF Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010464172026 NC: 2026:KHC:43369 CRL.P No. 10043 of 2026 POCSO ACT, 2012, PENDING BEFORE THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-IV, AT BENGALURU. 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 CC No.972/2026 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.102/2026 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Section 64(2)(m) of BNS, 2023 and Sections 5(j)(ll), 5(l) 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 parties. 3. FIR in Crime No.102/2026 was registered by Yelahanka Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 01.03.2026, received from respondent No.2, who is the mother of the victim girl, who was aged 17 years 8 months, as on the date of registration of the FIR. During the course of - 3 - HC-KAR CNR: KAHC010464172026 NC: 2026:KHC:43369 CRL.P No. 10043 of 2026 investigation, petitioner was arrested on 24.03.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.5504/2026 was rejected on 24.06.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl is the daughter of the first informant and her date of birth is 10.05.2008. Therefore, as on this date, she has already attained the age of majority. Petitioner aged 22 years was working as a security guard in apartment complex at Jakkur, in which the victim girl was also working as house maid. Since the victim girl had informed her mother that she had missed her periods, she was subjected to medical examination and it was found that she was pregnant. On enquiry, she had informed that petitioner was the cause for her pregnancy and therefore, FIR was registered against the petitioner for the aforesaid offences. - 4 - HC-KAR CNR: KAHC010464172026 NC: 2026:KHC:43369 CRL.P No. 10043 of 2026 5. The statement of the victim girl under Section 183 of the BNSS, 2023, has been recorded in the present case by the jurisdictional Magistrate on 11.03.2026. In said statement, she has stated that petitioner had proposed to her and requested her to love him. Though she had initially refused his proposal, subsequently, she had sexual intercourse with him multiple times. After she informed him that she had missed her periods, he stopped talking to her and therefore, she had informed her mother, who had subsequently taken her to Hospital for medical examination. From the aforesaid, it is apparent that petitioner and the victim girl were in a consensual relationship and as a result of the same, victim girl had conceived and subsequently, delivered a baby. Petitioner aged 22 years, who has no other criminal antecedents, is in custody. Investigation of the case is now completed and charge sheet has been filed. It is submitted that petitioner is the sole bread winner of his family. The trial in the case is yet to commence. Considering the nature of allegations found against the petitioner and also the age of the parties, I am of the opinion that the prayer made - 5 - HC-KAR CNR: KAHC010464172026 NC: 2026:KHC:43369 CRL.P No. 10043 of 2026 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 CC No.972/2026 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.102/2026 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Section 64(2)(m) of BNS, 2023 and Sections 5(j)(ll), 5(l) and 6 of 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 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; - 6 - HC-KAR CNR: KAHC010464172026 NC: 2026:KHC:43369 CRL.P No. 10043 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 DN List No.: 1 Sl No.: 58