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2026 DAILYLAW 35912 (KAR)

BHARATH C v. STATE OF KARNATAKA

CRL.P/10985/2026 · 2026-08-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010505162026 NC: 2026:KHC:45480 CRL.P No. 10985 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10985 OF 2026 BETWEEN: BHARATH C S/O CHOUDA BHOVI AGED ABOUT 24 YEARS R/O BHOVIKERI ANTHARAGANEGE VILLAGE BHADRAVATHI TALUK 577245. …PETITIONER (BY SRI. PRASAD B S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE, BHADRAVATHI RURAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU.560001 2. CHANDRASHEKARA (FATHER OF VICTIM) S/O NINGEGOWDA AGED ABOUT 42 YEARS UKKKUNDA VILLAGE BHADRAVATHI, SHIVAMOGGA 577245. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505162026 NC: 2026:KHC:45480 CRL.P No. 10985 of 2026 SRI. PRAKASHA K V, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.151/2026, IN CR.NO.69/2026 PENDING ON THE FILE OF THE LRD. ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I, AT SHIVAMOGGA, FOR THE OFFENCES P/U/S 75(2) OF THE BNS 2023 AND FOR THE OFFENCES P/U/S 8 OF THE POCSO ACT 2012. 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.151/2026 pending before the Additional District and Sessions Judge, FTSC-I, Shivamogga arising out of Crime No.69/2026 registered by Bhadravathi Rural Town Police Station, Shivamogga District, for the offence punishable under Section 8 of the Protection of children from Sexual Offences Act, 2012 (for short POCSO Act) and Section 75(2) of BNS, 2023, is before this Court in this petition filed under Section 483 of the BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR CNR: KAHC010505162026 NC: 2026:KHC:45480 CRL.P No. 10985 of 2026 3. FIR in Crime No.69/2026 was registered by Bhadravathi Rural Police Station, Shivamogga District, against the petitioner herein based on the first information dated 03.04.2026 received from the victim girl. During the course of investigation of the case, the petitioner was arrested on 19.05.2026 and remanded to judicial custody. After completion of investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.151/2026 was rejected on 15.06.2026. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that the petitioner and the victim girl were in love. On 11.02.2026 the victim girl had been to her grand mother's house and the petitioner who visited the said house when the grand mother of the victim girl was not present, allegedly had hugged the victim girl, kissed her and touched her chest inappropriately. The petitioner who is aged about 24 years is in custody for the last 3 months. 5. Considering the nature of allegations found against the petitioner and the punishment provided for the alleged - 4 - HC-KAR CNR: KAHC010505162026 NC: 2026:KHC:45480 CRL.P No. 10985 of 2026 offences, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. 6. Accordingly, the following: ORDER The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.151/2026 pending before the Additional District and Sessions Judge, FTSC-I, Shivamogga, arising out of Crime No.69/2026 registered by Bhadravathi Rural Town Police Station, Shivamogga District, for the offence punishable under Section 8 of the Protection of children from Sexual Offences Act, 2012 and Section 75(2) of BNS, 2023, subject to the following conditions: a) The 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 - 5 - HC-KAR CNR: KAHC010505162026 NC: 2026:KHC:45480 CRL.P No. 10985 of 2026 Trial Court exempts their 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 of. SD/- (S VISHWAJITH SHETTY) JUDGE ND List No.: 1 Sl No.: 82