- 1 - HC-KAR CNR: KAHC010505512026 NC: 2026:KHC:45481 CRL.P No. 10987 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. 10987 OF 2026 (439(Cr.PC) / 483(BNSS)-) BETWEEN: KANNAIAH LAL @ KANNAIAH LAL KUMAVATH S/O PANNA LAL KUMAVATH. AGED ABOUT 21 YEARS, PERMANENT RESIDING AT RAJ WALA BEHR AREA, JASWANTPUR VILLAGE. GOVINDGARH, AJMER DISTRICT, RAJASTHAN - 303 201. PRESENTLY RESIDING AT NO. 01, 1ST MAIN, NEAR LAKSHMI VENKATESHWARA TEMPLE, SANNAKKI BAYALU, KAMAKSHIPALYA, BENGALURU - 560 079. …PETITIONER (BY SRI. G RAKESH RAJ.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MAGADI ROAD POLICE STATION BENGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505512026 NC: 2026:KHC:45481 CRL.P No. 10987 of 2026 2. XXX XXX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; R2- SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING THAT TO ENLARGE HIM ON BAIL IN SPL.C.C.NO.1195/2026, ARISING OUT OF CR.NO.57/2026 REGISTERED BY THE RESPONDENT STATE OF KARNATAKA THROUGH THE MAGADI ROAD, POLICE STATION, FOR THE OFFENCES P/U/S 137(2), 64(2)(m), 87, AND 127(2) OF THE BNS 2023 AND SEC. 6 OF THE POCSO ACT 2012, PENDING BEFORE THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU CITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Special CC No.1195/2026 pending before the Court of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.57/2026 registered by Magadi Road Police Station, Bengaluru District, for the offences punishable under Sections137(2), 64(2)(m), 87 and 127(2) of BNS, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short), is before this - 3 - HC-KAR CNR: KAHC010505512026 NC: 2026:KHC:45481 CRL.P No. 10987 of 2026 Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.57/2026 was registered by Magadi Road Police Station, Bengaluru District, for offence punishable under Section 137(2) of BNS, 2023 against unknown persons based on the first information dated 08.03.2026 received from respondent No.2, who is the mother of the victim girl, aged about 17 years. 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 was filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5293/2026 was rejected on 18.07.2026. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that the victim girl aged about 17 years was found missing from her - 4 - HC-KAR CNR: KAHC010505512026 NC: 2026:KHC:45481 CRL.P No. 10987 of 2026 house on 07.03.2026. Efforts made to trace her had failed and therefore, the victim's mother had approached the police on 08.03.2026. During the course of investigation, the petitioner and the victim girl were traced together. The petitioner was arrested on 19.05.2026 and remanded to judicial custody. 5. The victim girl, who has produced before the Medical Officer for her medical examination has stated that she and the petitioner were in love. The statement of the victim under Section 161 of the CrPC was recorded in the present case by the police. In the said statement, the victim girl has stated that she is acquainted to the petitioner and on 07.03.2026 after quarrelling with her mother, she had voluntarily left her house and went with the petitioner. She had stated that she met the petitioner at Majestic in Bengaluru and later they travelled to Dharmastala in a bus from Majestic. Subsequently, they went to Mangaluru and thereafter to Mumbai in a bus. She has stated that while they travelled from Mangaluru to Mumbai in the bus, she had sex with the petitioner. Subsequently, from Mumbai they had gone to Surath and had stayed in the house of the petitioner's brother-in-law. In the said house, she had - 5 - HC-KAR CNR: KAHC010505512026 NC: 2026:KHC:45481 CRL.P No. 10987 of 2026 sex with the petitioner and thereafter, they had travelled from Surath to Rajasthan and stayed in the house of the petitioner's relative. Subsequently, the petitioner came to know about the missing complainant and therefore, the victim girl was taken to the nearest police station and thereafter, she had returned to her house. 6. From the aforesaid, it is apparent that victim girl, aged 17 years had voluntarily accompanied the petitioner, who is aged 21 years and had travelled together to various places and also stayed in various places. The petitioner who has no other criminal antecedents is in custody for the last more than 3 months. Investigation of the case is already completed. 7. Considering the aforesaid aspects of the matter and more so, the 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 subject to appropriate conditions. Accordingly, the following: - 6 - HC-KAR CNR: KAHC010505512026 NC: 2026:KHC:45481 CRL.P No. 10987 of 2026 ORDER (i) The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No. 1195/2026 pending before the court of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.57/2026 registered by Magadi Road Police Station, Bengaluru District, for the offences punishable under Sections137(2), 64(2)(m), 87 and 127(2) of BNS, 2023 and Section 6 of the POCSO Act, 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 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. - 7 - HC-KAR CNR: KAHC010505512026 NC: 2026:KHC:45481 CRL.P No. 10987 of 2026 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.: 83