- 1 - HC-KAR CNR: KAHC010532072026 NC: 2026:KHC:45673 CRL.P No. 11737 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. 11737 OF 2026 BETWEEN: DIVYA M. D/O MURTHI R.N. AGED ABOUT 26 YEARS R/AT NO.48/2, BEHIND NIRMALA HOSPITAL, RAJENDRA NAGAR SHIVAMOGGA, KARNATAKA - 577 201. …PETITIONER (BY SRI CHETHAN C, ADV., SRI PRASAD B.S, ADV.) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE VINOBANAGAR POLICE STATION SHIVAMOGGA - 577 204. 2. XXX …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER (ACCUSED NO.2) DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST ARISING OUT OF CR.NO.224/2026 REGISTERED BY VINOBANAGAR P.S., SHIVAMOGGA, FOR THE OFFENCE P/U/S 3(5) OF BNS, 2023, U/S 77 OF J.J ACT, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, SHIVAMOGGA. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010532072026 NC: 2026:KHC:45673 CRL.P No. 11737 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Crime No.224 of 2025 registered by Vinobanagar Police Station, Shivamogga District, for offences punishable under Sections 115(2), 74 R/w Section 3(5) of BNS, 2023 and Section 12 of POCSO Act, 2012 is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor on behalf of respondent no.1 - State. Respondent no.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime no.224 of 2025 was registered by Vinobanagar Police Station, Shivamogga District for the aforesaid offences against Shailesh and the petitioner herein, based on the first information dated 18.09.2025 received from the victim girl, aged 16 years. Apprehending arrest in the case, the petitioner has filed Crl.Misc.No.529 of 2026 before the - 3 - HC-KAR CNR: KAHC010532072026 NC: 2026:KHC:45673 CRL.P No. 11737 of 2026 jurisdictional Sessions Court, which was rejected on 19.06.2026. Therefore, she is before this Court. 4. Perusal of the material on record would go to show that, the victim girl was acquainted to the petitioner and at the request of petitioner, she was staying in her house. Accused no.1 who used to often visit the house of accused no.2 had allegedly touched the victim girl inappropriately on 03.09.2025 when she was washing clothes in the house of accused no.2. It is under these circumstances, FIR was registered against accused nos.1 and 2. 5. Investigation of the case is completed and charge sheet is filed. Insofar as the petitioner is concerned, only offence punishable under Section 77 of Juvenile Justice Act, 2015 read with Section 3(5) of BNS, 2023 has been invoked. The petitioner is a married lady having 2 minor children. Accused no.1, who was arrested in this case has been now released on bail. 6. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of anticipatory bail - 4 - HC-KAR CNR: KAHC010532072026 NC: 2026:KHC:45673 CRL.P No. 11737 of 2026 needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:- ORDER (i) The Criminal Petition is allowed. (ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.224 of 2025 registered by Vinobanagar Police Station, Shivamogga District, for offences punishable under Sections 115(2), 74 R/w Section 3(5) of BNS, 2023 and Section 12 of POCSO Act, 2012, subject to the following conditions:- 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - HC-KAR CNR: KAHC010532072026 NC: 2026:KHC:45673 CRL.P No. 11737 of 2026 3. The petitioner shall not tamper with the prosecution witness and she shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 15