- 1 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10350 OF 2026 BETWEEN: SRI.DARSHAN S/O NAGARAJ AGED ABOUT 23 YEARS, R/O VINAYAKA LAYOUT, BOMMANAKATTE, SHIVAMOGGA - 577 201 …PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DODDAPETE POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001 2. VICTIM AGED ABOUT 14 YEARS, D/O ANWARSAB AGED ABOUT 38 YEARS, R/AT ABBALAGERE VILLAGE, SHIVAMOGGA TALUQ, NATIVE TADASA, DONABAGHATTA, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 BHADRAVATI TQ, SHIVAMOGGA - 577 301 …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1 VIDE ORDER DATED 17.08.2026, NOTICE TO R2 IS HELD SUFFICIENT) 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 / ACCUSED NO.2 ON REGULAR BAIL IN SPL.C.NO.268/2025 ON THE FILE OF THE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO), SHIVAMOGGA FOR THE ALLEGED OFFENCES P/U/S 70(2), 74, 96, 3(5) OF BNS 2023, SECTIONS 6, 17 OF POCSO ACT 2012 REGISTERED BY THE DODDAPETE POLICE IN CRIME NO.244/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Spl.C.No.268 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-I (POCSO), Shivamogga, arising out of Crime No.244 of 2025 registered by Doddapete Police Station, Shivamogga for the offences punishable under Section 70(2), 74, 96, 3(5) of BNS, 2023 and Section 6, 17 of POCSO Act, 2012, - 3 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 is before this Court in this petition filed under Section 483 of BNSS, 2023 is seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.244 of 2025 was registered by Doddapete Police Station, Shivamogga against Chandu and others, based on the first information dated 20.07.2025 received from the victim girl. Petitioner, who is arraigned as accused No.3 in the FIR, was arrested on 21.07.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against 5 persons and the petitioner is arraigned as accused No.2 in the charge sheet. His bail application filed before the Trial Court in Spl.Case.No.268 of 2025 was rejected on 18.06.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that allegations as against the petitioner and accused No.4, who has been granted regular bail by this Court in Criminal Petition No.4211 of 2026 is similar. Petitioner is in - 4 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 custody in the present case for the last more than one year. According, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner, however submits that the petitioner is a person with criminal antecedents. Accordingly, he prays to dismiss the petition. 6. Accused No.4 in the present case had approached this Court in Criminal Petition No.4211 of 2026, which was allowed on 16.06.2026. In paragraph Nos.6 to 9 of the said order, it is observed as follows: " 6. In the first information dated 20.07.2025 submitted by the victim girl, she has stated that after the death of her mother, her father had contracted a second marriage. She had subsequently come to Shivamogga seeking employment and she had met accused No.1 at Shivamogga bus stand and had developed friendship with him. Accused Nos.2 to 4, who - 5 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 are friends of accused No.1 also developed friendship with her and the said accused persons often took her to a dilapidated Godown near the Private bus stand at Shivamogga and had forcible sexual intercourse with her and also ill-treated her during the course of their sexual activity. 7. It is under these circumstances, FIR was registered for the aforesaid offences against Chandu and others. The petitioner who was arraigned as accused No.4 in the FIR was arrested and remanded to judicial custody on 22.07.2025. After completing investigation, charge sheet has been filed as against five persons for the aforesaid offences. The Trial Court, having appreciated the nature of allegations found against the accused persons in the first information as well as in the charge sheet, had rejected the bail petition of the petitioner on 21.01.2026. 8. The material made available to this Court would reveal that subsequently, the DNA test report from the on Forensic Science Laboratory has been received on 27.01.2026. The DNA test report dated 24.12.2025 received on 27.01.2026 by the Police Inspector attached to - 6 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 Doddapete Police Station reflects that none of the accused named in the charge sheet is the biological father of the product of conception sent to the Forensic Science Laboratory after the foetus of the victim girl, who was pregnant was removed and forwarded for DNA test with the consent of the Trial Court. 9. The statement of the victim under Section 183 of BNSS 2023, has been recorded by the jurisdictional Magistrate on 29.07.2025. A reading of the same would go to show that the said statement is not consistent with the allegations made by the victim girl as against the accused in the first information submitted before the police, which has resulted in registering the FIR in Crime No.244/2025 for the aforesaid offences against the accused persons. Petitioner who is arraigned as accused No.4 in the present case and who has no other criminal antecedents is in custody from 22.07.2025 onwards. Trial in the case is yet to commence. In view of the aforesaid discrepancies found in the material on record, a serious doubt arises with regard to the allegations made against the petitioner in the charge sheet." - 7 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 7. Reasons assigned by this Court in the aforesaid paragraphs in Criminal Petition No.4211 of 2026 are squarely applicable to the case of the petitioner. 8. The Hon'ble Supreme Court in the case of Prabhakar Tewari v. State of Uttar Pradesh and Another reported in (2020) 11 SCC 648 has held that the criminal antecedents of an accused cannot, by themselves, be a sole reason to refuse bail, if he is otherwise found to be entitled for the same. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 9. Accordingly, the following order: O R D E R (i) The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.268 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-I (POCSO), Shivamogga, arising out - 8 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 of Crime No.244 of 2025 registered by Doddapete Police Station, Shivamogga for the offences punishable under Section 70(2), 74, 96, 3(5) of BNS, 2023 and Section 6, 17 of POCSO Act, 2012, subject to the following conditions: a) The 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 - 9 - HC-KAR CNR: KAHC010478892026 NC: 2026:KHC:43798 CRL.P No. 10350 of 2026 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 55