- 1 - HC-KAR CNR: KAHC010459522026 NC: 2026:KHC:42355 CRL.P No. 9863 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9863 OF 2026 BETWEEN: KARIAPPA K.D S/O LATE DEVAPPA K.K AGED ABOUT 77 YEARS R/AT GARGANDOOR VILLAGE AND POST, VIA MADAPURA SUNTIKOPPA HOBLI, SOMWARPET TALUK DISTRICT - 571 251. …PETITIONER (BY SRI LETHIF B, ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SUNTIKOPPA POLICE STATION KODAGU DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. 2. SUNITHA W/O. VINOD AGED ABOUT 40 YEARS R/AT SIDDALINGAPURA VILLAGE AND POST KUSHALNAGAR TALUK KODAGU DISTRICT - 571 232. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.67/2026 FOR THE OFFENCE P/US/ 64(2)(i)(j) OF BNS AND SEC.4 OF POCSO ACT OF SUNTICOPPA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010459522026 NC: 2026:KHC:42355 CRL.P No. 9863 of 2026 POLICE STATION, PENDING ON THE FILE OF THE III ADDL DISTRICT AND SESSIONS JUDGE, KODAGU MADIKERI. 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 no.2 in Crime No.67/2026 registered by Suntikoppa Police Station, Kodagu District, for the offences punishable under Sections 64(2)(i) of BNS, 2023, and Section 4(1) & 6(1) of the POCSO Act, 2012, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and the leanred HCGP for the respondent-State. Respondent no.2 though served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.67/2026 was registered by Suntikoppa Police Station, Kodagu District, for the aforesaid offences against one Chethan and the petitioner herein based on the first information dated 19.05.2026 received from the victim girl aged 17 years. Apprehending arrest in the said case, petitioner - 3 - HC-KAR CNR: KAHC010459522026 NC: 2026:KHC:42355 CRL.P No. 9863 of 2026 had filed Crl. Misc. No.209/2026 before the jurisdictional Sessions Court, which was rejected on 20.06.2026. Therefore, he is before this Court. 4. In the first information dated 19.05.2026 submitted by the alleged victim girl aged 17 years, she has stated that she is working as an assistant cook in the house of the petitioner from 2024 onwards. She has stated that in the month of December 2025, when she was taking bath in the bathroom which is situated behind the house of the petitioner, accused no.1 - Chethan who had come to the said house for plumbing work allegedly entered the bathroom and had sexual intercourse with her against her wishes. In the month of January 2026, when the wife of the petitioner was not at home, petitioner took her to his bedroom and after asking her to remove her dress, he allegedly undressed himself and thereafter inserted his finger in her private parts and rubbed his private part over her private part. Subsequently, the victim developed allergy in her private parts and thereafter she had gone to the doctor and had informed about the act committed by accused nos.1 & 2. It is - 4 - HC-KAR CNR: KAHC010459522026 NC: 2026:KHC:42355 CRL.P No. 9863 of 2026 under these circumstances, FIR was registered against accused nos.1 & 2 for the aforesaid offences. 5. The material on record would go to show that during the course of investigation, petitioner had appeared before the Investigation Officer and co-operated for the purpose of investigation. Petitioner's medical examination has been performed in the present case at the request of the Investigation Officer. After the bail application of the petitioner was rejected before the Sessions Court, charge sheet has been filed in the present case. The records would reveal that petitioner who is aged 77 years, is suffering from certain age old ailments. Considering the aforesaid aspects of the matter, more so that the petitioner had co-operated with the police for the purpose of investigation, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be considered affirmatively. Accordingly, the following order: 6. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.67/2026 registered by Suntikoppa Police Station, Kodagu District, for the - 5 - HC-KAR CNR: KAHC010459522026 NC: 2026:KHC:42355 CRL.P No. 9863 of 2026 offences punishable under Sections 64(2)(i) of BNS, 2023, and Section 4(1), 6(1) of the POCSO Act, 2012, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK