- 1 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9681 OF 2026 BETWEEN: PRASAD S/O ERAPPA AGED ABOUT 21 YEARS, RESIDING AT BEHIND THE SRI GYM, VEERANJANYA NAGAR, KOLAR - 563 131. …PETITIONER (BY SRI. GIRISH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOLAR WOMEN PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. LOKESH S/O NARAYANAPPA, AGED ABOUT 49 YEARS, R/AT VEERANJANYA NAGAR, KOLAR - 563 131. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; VIDE ORDER DATED 12.08.2026, SERICE OF NOTICE TO R2 IS COMPLETED) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL IN SPL.C (POCSO) NO.81/2025 ARISING OUT CR.NO.28/2025 REGISTERED BY THE RESPONDENT IN KOLAR WOMEN P.S., FOR THE OFFENCES P/U/S 126(2), 351(2), 137(2), 49, 64(2), 249 OF BNS, 2023, U/S 5(L), 6, 17 OF POCSO ACT, U/S 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, PENDING BEFORE THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR. 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.1 in Spl.Case(POCSO).No.81 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-I Kolar, arising out of Crime No.28 of 2025 registered by Kolar Women Police Station, Kolar for the offences punishable under Section 126(2), 351(2), 137(2), 49, 64(2), 249 of BNS, 2023, Section 5(L), 6, 17 of POCSO Act, 2012 and Section 9, 10 of Prohibition of Child Marriage Act, 2006, is before this Court in this - 3 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 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 is served in the matter and has remained unrepresented before this Court. 3. FIR in Crime No.28 of 2025 was registered by Kolar Women Police Station, Kolar initially for offence punishable under Section 137(2) of BNS, 2023 against unknown persons after the victim girl aged 17 years 3 months, was found missing from her house. During the course of investigation, the petitioner and the victim girl had traced, petitioner was arrested on 08.06.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against 7 persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Crime - 4 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 No.28 of 2025 was rejected on 17.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner and the victim girl were in love. Their marriage was performed in a temple and subsequently, they lived together for nearly two months. Thereafter, she went to her mother's house and based on her statement, offences punishable under the POCSO Act has been invoked against the petitioner. He is in custody for the last more than one year. Trial in the case is yet to commence. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader who has opposed the petition submits that victim is a minor girl and she has made allegations against the petitioner that he had committed sexual assault on her. Therefore, there is a prima facie case against the petitioner. Accordingly, he prays to dismiss the petition. - 5 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 6. FIR in the present case was registered for offence punishable under Section 137(2) of BNS, 2023 against unknown person, based on the first information dated 08.04.2025 received from respondent No.2, who is the father of the alleged victim girl, aged 17 years 3 months. In the first information, it is stated that on 08.04.2025 at about 12.45 p.m., the victim girl had called somebody using the mobile phone of her mother, thereafter deleted the number for which she had made a call and had left the house. She had gone to her college to verify her II year PUC examination result, but had not returned home. Efforts were made to trace her had failed and therefore, the father of the victim girl had approached the police at about 09.00 p.m., on 08.04.2026. 7. During the course of investigation, the victim girl and the petitioner were traced. The petitioner was arrested subsequently in the present case on 08.06.2025. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded by the jurisdictional Magistrate - 6 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 on 10.06.2025. In the said statement, the victim girl has stated that on 08.04.2025 she had gone to her college to verify her II year PUC result and when she was returning home, the petitioner who came in a motorbike allegedly intercepted her and asked her to accompany him. Thereafter, they traveled in a bus and accused No.7, who is the sister of the petitioner met them and paid money to them for the purpose of their marriage. On 10.04.2025, her marriage with the petitioner was performed by the accused named in the charge sheet and they lived together in the house of accused No.2-Nagesh. Subsequently, accused No.2-Nagesh had asked them to leave his house and therefore, the victim girl had requested the petitioner to send her to her mother's house. On 01.06.2025, the petitioner called the mother of the victim girl and thereafter sent the victim girl to her house. 8. From the aforesaid, it appears that the victim girl had voluntarily left her house on 08.04.2025, gone - 7 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 with the petitioner and subsequently, married him on 10.04.2025. Thereafter, they lived together for a period of 50 days in the house of accused No.2-Nagesh. Only after Nagesh asked them to leave his house, they had contacted the victim girl's mother and victim girl had returned home. 9. Petitioner aged 24 years, is in custody for the last more than one year. The victim girl was aged about 17 years 3 months as on date when she left her house. Trial in the case is yet to commence. 10. 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 be answered affirmatively without expressing any opinion on merits and demerits of the case. Accordingly, the following: O R D E R (i) The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in - 8 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 Spl.Case(POCSO).No.81 of 2025 pending before the Court of Additional District and Sessions Judge, FTSC-I Kolar, arising out of Crime No.28 of 2025 registered by Kolar Women Police Station, Kolar for the offences punishable under Section 126(2), 351(2), 137(2), 49, 64(2), 249 of BNS, 2023, Section 5(L), 6, 17 of POCSO Act, 2012 and Section 9, 10 of Prohibition of Child Marriage Act, 2006, 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; - 9 - HC-KAR CNR: KAHC010450072026 NC: 2026:KHC:44681 CRL.P No. 9681 of 2026 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.: 61