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2026 DAILYLAW 35920 (KAR)

SURENDRA KUMAR M @ VINAY v. STATE OF KARNATAKA

CRL.P/10543/2026 · 2026-08-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010483682026 NC: 2026:KHC:45761 CRL.P No. 10543 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.10543/2026 (439(Cr.PC) /483(BNSS)) BETWEEN: SURENDRA KUMAR M @ VINAY S/O LATE MUNIYAPPA, AGED ABOUT 45 YEARS, R/AT KRISHNAPPA RENTED HOUSE, RAMAGONDAHAHALLI, YELAHANKA NEW TOWN, BANGALORE – 560 064. …PETITIONER (BY SRI.KRISHNEGOWDA M., ADVOCATE FOR SMT.ROHINI A, ADVOCATE) AND: 1. STATE OF KARNATAKA STATE BY YELAHANKA NEW TOWN P.S. RPTD BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 2. VIJAYALAKSHMI W/O ANANDA, AGED ABOUT 35 YEARS, NO.264, 3RD FLOOR, 22ND BLOCK, SLIG, KHB AQUARTERS, 4TH PHASE YELAHANKA NEW TOWN, BENGALURU – 560 064. …RESPONDENTS (BY SRI. RANGAWAMY R., HCGP FOR R1; R2 SERVED) Digitally signed by VANDANA S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010483682026 NC: 2026:KHC:45761 CRL.P No. 10543 of 2026 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.178/2025 OF YELAHANKA NEW TOWN POLICE, ON THE FILE OF THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, (FTSC-I) BANGALORE IN SPL.C.NO.1117/2025 FOR THE OFFENCES P/U/S 137(1)(B) OF BNS AND SEC. 8, 9(M), 10 OF 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 Spl.C.No.1117/2025 pending before the Court of Additional City Civil and Sessions Judge (FTSC-I), Bengaluru arising out of Crime No.178/2025 registered by Yelahanka New Town Police Station for the offences punishable under Section 137(1)(b) of BNS, 2023 and Sections 12, 9(m), 8 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 petitioner and the learned HCGP for the respondent No.1 - State. Respondent No.2 having served, has remained unrepresented before this Court. - 3 - HC-KAR CNR: KAHC010483682026 NC: 2026:KHC:45761 CRL.P No. 10543 of 2026 3. FIR in Crime No.178/2025 was registered by Yelahanka New Town Police Station for the aforesaid offences against the petitioner herein based on the first information dated 18.04.2025 received from respondent No.2, who is the mother of the victim girl. During the course of investigation of the case, the petitioner-accused was arrested on 19.04.2025 and remanded to judicial custody. After complete investigation, charge sheet is filed against the aforesaid offences. His bail application is filed before the Trial Court in Crl.Misc.No.4979/2025, which was rejected on 03.07.2025. Therefore, he is before this Court. 4. In the first information submitted by the mother of the victim girl, it is alleged that on 18.04.2025 at about 12.00 p.m., when her minor daughters were playing outside their house, the petitioner who came there, took them to his house and gave them chocolate and biscuits to eat. Thereafter, he allegedly touched the body of the victim girl inappropriately. It is under these circumstances, FIR was registered against the petitioner. Investigation of the case is complete and charge sheet is filed. Before the Trial Court, the victim girl and her - 4 - HC-KAR CNR: KAHC010483682026 NC: 2026:KHC:45761 CRL.P No. 10543 of 2026 parents are already examined. The petitioner is in custody in the present case for the last 16 months. Maximum punishment for the alleged offences is imprisonment for a period of 7 years. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.1117/2025 pending before the Court of Additional City Civil and Sessions Judge (FTSC-I), Bengaluru arising out of Crime No.178/2025 registered by Yelahanka New Town Police Station for the offences punishable under Section 137(1)(b) of BNS, 2023 and Sections 12, 9(m), 8 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; - 5 - HC-KAR CNR: KAHC010483682026 NC: 2026:KHC:45761 CRL.P No. 10543 of 2026 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 MDS List No.: 1 Sl No.: 63