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2026 DAILYLAW 36638 (KAR)

MALLESH v. THE STATE OF KARNATAKA

CRL.P/10918/2026 · 2026-08-24

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010504062026 NC: 2026:KHC:45350 CRL.P No. 10918 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. 10918 OF 2026 BETWEEN: MALLESH S/O MADDURAPPA, AGED ABOUT 19 YEARS R/A BIKANAPALLI VILLAGE, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMILNADU - 635 107 …PETITIONER (BY SRI. ROHAN S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001 2. DEEPIKA, W/O MANJUNATH, AGED ABOUT 35 YEARS, R/AT YADAVANA HALLI, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU - 562 107 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 R2 - SERVED) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010504062026 NC: 2026:KHC:45350 CRL.P No. 10918 of 2026 THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO.154/2026 REGISTERED BY THE RESPONDENT NO.1/ ATTIBELE P.S. FOR THE ALLEGED OFFENCES P/U/S 137(2) OF BNS, 2023 AND SEC. 8 AND 12 OF POCSO ACT, 2012, NOW PENDING ON THE FILE OF HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BENGALURU RURAL. 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 Crime No.154 of 2026 registered by Attibele Police Station, Bengaluru District for the offences punishable under Section 137(2) of BNS, 2023 and Section 8 and 12 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 parties. - 3 - HC-KAR CNR: KAHC010504062026 NC: 2026:KHC:45350 CRL.P No. 10918 of 2026 3. FIR in Crime No.154 of 2026 was registered by Attibele Police Station, Bengaluru District for the offence punishable under Section 317(2) of BNS, 2023 against unknown person, based on the first information dated 11.05.2026 received from respondent No.2, who is the mother of the alleged victim girl. In the said case, during the course of investigation, the petitioner was arrested on 01.06.2026 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 in Crl.Misc.No.1297 of 2026 was rejected on 06.07.2026. Therefore, he is before this Court. 4. The victim girl who is daughter of the first informant was found missing from her house on 10.05.2026. Efforts made to trace her had failed, therefore her mother had approached the police on 11.05.2026. During the course of investigation, the victim girl and the petitioner were traced. Petitioner was arrested in the present case on 01.06.2026 and subsequently remanded - 4 - HC-KAR CNR: KAHC010504062026 NC: 2026:KHC:45350 CRL.P No. 10918 of 2026 to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. 5. The petitioner aged 19 years, has no other criminal antecedents. The victim girl in her statement recorded under Section 183 of BNS, 2023, on 01.06.2026 has stated that she is in love with the petitioner and on 10.05.2026, she had gone with him and had stayed for 4 days in the waiting hall of the Government Hospital at Karur. She has not made any allegation against the petitioner of having committed any kind of sexual assault on her. The maximum punishment for the alleged offences is imprisonment for a period of 7 years. Investigation of the case is completed and charge sheet is filed. 6. Considering the aforesaid aspect of the matter and age of the petitioner, 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: - 5 - HC-KAR CNR: KAHC010504062026 NC: 2026:KHC:45350 CRL.P No. 10918 of 2026 O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.154 of 2026 registered by Attibele Police Station, Bengaluru District for the offences punishable under Section 137(2) of BNS, 2023 and Section 8 and 12 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR CNR: KAHC010504062026 NC: 2026:KHC:45350 CRL.P No. 10918 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.: 74