- 1 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 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.10645 OF 2026(439(CR.PC)/ 483(BNSS)) BETWEEN: SRI. DASHARATHA G S/O SRI GANGAPPA AGED ABOUT 46 YEARS R/ AT NO.946, 1ST CROSS OPP. DSR APARTMENTS MAHADEVAPURA BANDE BENGALURU- 560016. …PETITIONER (BY SRI. NAVEEN KUMAR S R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MAHADEVAPURA P.S, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001. 2. XX XX XX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1: NOTICE TO R2 IS HELD SUFFICIENT V/O DATED: 17.08.2026) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN (CRIME NO.198/2026) IN Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 of 2026 SPL.C.C.NO.1039/2026 REGISTERED BY RESPONDENT NO.1 MAHADEVAPURA POLICE FOR AN OFFENCE P/US/ 65(2) OF BNS 2023 AND U/S. 6 OF POCSO ACT PENDING ON THE FILE BEFORE ADDL CITY CIVIL AND SESSIONS JUDGE, FTSC V BENGALURU CITY. 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 in Special CC No. 1039/2026 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.198/2026 registered by Mahadevapura Police Station, Bengaluru for offences punishable under Section 65(2) of BNS, 2023 and Sections 6 of POCSO Act, 2012 is before this 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 the State. Respondent No.2 though served in the matter, has remained unrepresented before this Court. - 3 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 of 2026 3. FIR in Crime No.198/2026 was registered by Mahadevapura Police Station, Bengaluru for offences punishable under Sections 3, 4, 8 and 12 of POCSO Act against the petitioner herein, based on the first information dated 27.03.2026 received from respondent No.2, who is the mother of the alleged victim girl aged 1 year 11 months. During the course of investigation of the said case, petitioner was arrested on 27.03.2026 and remanded to judicial custody. After completing investigation, charge sheet was filed against him. His bail application filed before the Trial Court, in Crl.Misc.No. 5186/2026 was rejected on 10.07.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that the mother of the victim girl was very much present in the house at the time of incident and therefore allegations become doubtful. The petitioner is a married man aged 46 years and is the sole earner in the family. Petitioner’s - 4 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 of 2026 mother is suffering from heart and kidney disease. She is admitted in the hospital and her condition is very critical. He accordingly, prays to allow the petition. 5. Per contra, learned HCGP, who opposes the petition, submits that the petitioner has committed heinous crime and accordingly, prays to dismiss the petition. 6. Perusal of the material on record would go to show that, on 27.03.2026 petitioner came to the house of the first informant for supply of water can and the first informant, who opened the door of the house, allegedly asked him to keep the water can inside her kitchen. Since the petitioner, who had gone to keep the water can inside the kitchen room, had not returned back, the first informant, who was sitting in the hall of the house, allegedly went inside the house and found that the petitioner had inserted his private part into the mouth of the first informant’s daughter, aged 1 year 11 months. It - 5 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 of 2026 is under these circumstances FIR was registered against the petitioner for the aforesaid offences. 7. It is not in dispute that the petitioner is a married man and has no other criminal antecedents. On the alleged date of incident, he had come to the house of the first informant for supply of water can. The very fact that the first informant had allowed the petitioner to come inside her house and had asked him to keep water can inside her kitchen room would go to show that petitioner was acquainted to the first informant. There is no such allegation against the petitioner that, when he had earlier visited the house of the first informant, he had misbehaved with her or her minor daughter. Petitioner is a married man, having family and according to the learned counsel for the petitioner, he is the sole earner of the family. 8. Learned counsel for the petitioner has produced medical records of Smt.Muniyamma, mother of the - 6 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 of 2026 petitioner and perusal of the same would go to show that she is suffering from multiple ailments. Her medical records would go to show that she has been diagnosed of suffering from heart disease, diabetes mellitus and chronic kidney disease. 9. Considering the medical condition of the petitioner’s mother, the Medical Officer of MVJ Medical College and Research Hospital, where she is now admitted, has referred the patient to a higher Government set up due to requirement of emergency hemodialysis. Her medical records also would reveal that patient attenders were counseled about patient’s condition and the grave risk associated with condition. Petitioner is, therefore, required to take care of his mother, who is now admitted in the hospital and medical records show that her condition is quite critical. Under these 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: - 7 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 of 2026 ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special CC No. 1039/2026 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.198/2026 registered by Mahadevapura Police Station, Bengaluru for offences punishable under Section 65(2) of BNS, 2023 and Sections 6 of POCSO Act, 2012, subject to the following conditions: a) 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; - 8 - HC-KAR CNR: KAHC010492162026 NC: 2026:KHC:45836 CRL.P No. 10645 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 CM LIST NO.: 1 SL NO.: 66