- 1 - HC-KAR CNR: KAHC010497252026 NC: 2026:KHC:45347 CRL.P No. 10854 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. 10854 OF 2026 BETWEEN: AZAD @ AZAAD KHAN S/O ABRAR KHAN, AGED ABOUT 19 YEARS, R/AT DOOR NO.14, STREET NO.13 B, DAANUBAR EXTENSION, NAALASOBARA WEST MUMBAI, MAHARASHTRA STATE - 401 203 PERMANANENT R/O MEERA DAATAR, JOPAD PATTI, POWDER ROAD, DAARUKANA BANDER ROAD, MOOJAGOW, MUMBAI MAHARASHTRA STATE - 400 010 …PETITIONER (BY SRI. SUMA K., ADVOCATE) AND: 1. STATE BY WOMEN PS THROUGH WOMEN P.S, HASSAN - 573 201 REP. BY SPP HIGH COURT BUILDING BENGALURU - 01 Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010497252026 NC: 2026:KHC:45347 CRL.P No. 10854 of 2026 2. VICTIM GIRL (XXX) SINCE MINOR, REP BY NATURAL GUARDIAN MOTHER AYESHA FIRDOUS W/O MUJAHID PASAH AGED 40 YEARS DAVUD SAWMIALL ORAD BEHIND WATER TANK PENSION MOHALLA, HASSAN KARNATAKA - 537 021 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 R2 - SERVED) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE OR RELEASE THE PETITIONER ON REGULAR BAIL AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.151/2026 ARISING OUT OF CR.NO.15/2026, WOMEN P.S. HASSAN, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, HASSAN, FOR THE OFFENCE P/U/S 64 OF BNS, U/S 4 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 - 3 - HC-KAR CNR: KAHC010497252026 NC: 2026:KHC:45347 CRL.P No. 10854 of 2026 ORAL ORDER Accused in Special Case No.151 of 2026 pending before the Court of Additional District and Sessions Judge, FTSC-I, Hassan arising out of Crime No.15 of 2026 registered by Hassan Women Police Station, Hassan for the offences punishable under Section 64 of BNS, 2023 and Section 4 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 learned High Court Government Pleader on behalf of respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.15 of 2026 was registered by Hassan Women Police Station, Hassan for the aforesaid offences registered against the petitioner herein, based on the first information dated 02.02.2016 received from the alleged victim girl, aged 17 years 3 months as on the date - 4 - HC-KAR CNR: KAHC010497252026 NC: 2026:KHC:45347 CRL.P No. 10854 of 2026 of registration of the offence. During the course of investigation of the said case, the petitioner was arrested on 09.02.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court which was rejected. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that the petitioner aged 19 years and the alleged victim girl aged 17 years 3 months, got acquainted with each other through the social media app known as 'Instagram'. Subsequently, they started loving each other and petitioner who is a resident of Maharashtra, came to Hassan. The victim girl went to the hotel room in which the petitioner was staying and they had consensual sex. As a result, the victim had conceived. Subsequently, she informed her mother that she had missed her menstrual periods and therefore her mother was taken her to the hospital and doctor informed her that she was pregnant. - 5 - HC-KAR CNR: KAHC010497252026 NC: 2026:KHC:45347 CRL.P No. 10854 of 2026 Thereafter, the FIR was registered against the petitioner for the aforesaid offences. 5. Statement of the victim girl under Section 183 of BNSS, 2023 has been recorded by the Court of jurisdictional Magistrate on 20.02.2026. In her statement, the victim girl has not made any serious allegations against the petitioner. On the other hand, she has stated that she had voluntarily gone to the hotel room at Hassan and they had consonantal sex. She has also stated that the petitioner did not force her to have sex with him and she intended to marry the petitioner after she attains the age of majority. Even before the Trial Court, she had stated no objection for the petitioner being enlarged on bail. 6. Considering the aforesaid aspects of the matter and age of the parties, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to - 6 - HC-KAR CNR: KAHC010497252026 NC: 2026:KHC:45347 CRL.P No. 10854 of 2026 be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.151 of 2026 pending before the Court of Additional District and Sessions Judge, FTSC-I, Hassan arising out of Crime No.15 of 2026 registered by Hassan Women Police Station, Hassan for the offences punishable under Section 64 of BNS, 2023 and Section 4 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; - 7 - HC-KAR CNR: KAHC010497252026 NC: 2026:KHC:45347 CRL.P No. 10854 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 AMM List No.: 1 Sl No.: 70