- 1 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11392 OF 2026 BETWEEN: NARASIMHA PRABHU M AGED ABOUT 37 YEARS S/O PANDURANGA PRABHU M 511, 2ND CROSS, 2ND MAIN RAJAJINAGAR, NEXT TO VIVEKANANDA COLLEGE, BANGALORE - 560 055 PERMANENT ADDRESS 8-1-84D, COMFORT MANOR MANIPAL ROAD, KUNJIBETTU NEAR SHARADA KALYAN MANTAP KUNJIBETTU, UDUPI - 576 102. …PETITIONER (BY SRI SANDESH J. CHOUTA, SR. COUNSEL FOR SRI ARUN G, ADV.) AND: 1. STATE BY NANDINI LAYOUT POLICE STATION BENGALURU CITY - 560 096 (NOWINVESTIGATED BY MAHALAKSHMI LAYOUT POLICE STATION BANGALORE - 560 086) (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE) 2. XXX …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP; SRI S.G. KIERAN NARAYAN, ADV.. FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONERS/ACCUSED ON BAIL IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 CRIME NO.261/2026 OF NANDINI LAYOUT POLICE STATION (NOW INVESTIGATED BY MAHALAKSHMI LAYOUT POLICE STATION) REGISTERED FOR THE ALLEGED OFFENCE U/S 5(L), 6 OF POCSO ACT 2012 AND R/W SECTION 64(2)(m), 318(4), 115(2), 351(2), 238(c) OF THE BNS 2023 PENDING ON THE FILE OF THE HONBLE ADDL.CITY AND SESSIONS JUDGE FTSC-II AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.261 of 2026 registered by Nandini Layout Police Station, Bengaluru City for offences punishable under Sections 5(L), 6 of POCSO Act, 2012 and Section 64(2)(m), 318(4), 115(2), 351(2), 238(c) of BNS, 2023 is before this Court in this petition filed under Section 483 of the BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.261 of 2026 was registered by Nandini Layout Police Station, Bengaluru City against petitioner herein, based on the first information dated 06.06.2026 received from the victim girl aged 22 years. During the course of investigation of the case, petitioner was arrested on - 3 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 07.06.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5650 of 2026 was rejected on 25.07.2026. Therefore, he is before this Court. 4. Learned Senior Counsel appearing on behalf of the petitioner having reiterated the grounds urged in the petition submits that, the petitioner and the victim who are working in the Cine field had a consensual relationship. Subsequently, the first informant started making monetary demands and therefore, the petitioner had approached Mahalakshmipuram Police Station and submitted a complaint on 02.02.2026, based on which a NCR case was registered. Petitioner is a married man having children. Since his minor daughter's behaviour was found abnormal, in the month of February-2026, she was taken to National Institute of Mental Health and Neurosciences (for short 'NIMHANS;) for examination by a psychiatrist, who had examined the victim on 14.02.2026 and has noted that child has a history of assault by a female colleague of her father. During the follow-up date of counselling it was found that, the minor girl was sexually assaulted by penetrating her private - 4 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 part with fingers. Petitioner's wife has subsequently filed Criminal Case in Crime No.153 of 2026 before the Mahalakshmipuram Police Station, Bengaluru against the respondent no.2 / victim in the present case for offences punishable under Sections 4 and 6 of the POCSO Act, 2012. In the said case, the victim in the present case was arrested and subsequently released on bail. The petitioner, who is a married man having children has no other criminal antecedents. Investigation of the case is already completed. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. State Public Prosecutor for respondent no.1 and learned counsel for respondent no.2 have seriously opposed the petition and submit that the victim girl has made serious allegations against the petitioner about the sexual assault made on her by the petitioner, when she was aged 17 years. Learned counsel for respondent no.2 also submit that, though FIR was registered in the present case by Nandini Layout Police Station. Petitioner, who is a influential person had got the case transferred to Mahalakshmipuram Police Station where the criminal case which was registered - 5 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 against the first informant in the present case was pending. Mahalakshmipuram Police have not properly conducted investigation in the case and therefore, a complaint was lodged by victim girl to the higher officer. He submits that, considering the nature of allegations found against the petitioner, his prayer for grant of regular bail is liable to be dismissed. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in case of X V. THE STATE OF UTTAR PRADESH & ANOTHER- 2026 INSC 44 6. FIR in the present case was registered against the petitioner for the aforesaid offences by Nandini Layout Police Station, Bengaluru City, based on the first information dated 06.06.2026 received from the alleged victim girl, aged 22 years. In the first information it is alleged that, the victim girl was born on 03.02.2004 and she has been acting in cinema for the last 13 years. She has stated that when she was aged 16 years, she had got an opportunity to act in a Kannada movie known as 'Murphy' and for the purpose of audition, she had come to Bengaluru along with her mother and met the petitioner, who was the lead actor in the said movie. - 6 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 Subsequently, she got acquainted to the petitioner and his family members. 7. In the month of October, 2020, the petitioner started sending Whats App messages to her and in month of March 2021, he had taken her to to 'Homeland Holiday Service Apartment' and after making her consume alcohol, he allegedly had sexual intercourse with her against her wishes. She has stated that as on the said date, she was aged 17 years 1 month. Subsequently, the petitioner allegedly started threatening the victim girl and had sexual intercourse with her regularly. She has stated that for the period from March, 2021 till May, 2026 the petitioner had sexual intercourse with her for nearly 50 times and as a result, she also had conceived and her pregnancy was aborted, after consuming tablets given by the petitioner. She has also stated that, the petitioner, who had borrowed a sum of Rs.3,50,000/- from her had not repaid the same. She has also stated that, the petitioner, who had her private photos and videos had subsequently deleted the same and had criminally intimidated her. Therefore, in the month of December, 2025 she allegedly informed about the act - 7 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 committed by the petitioner to his wife and her family members and thereafter, stayed away from the petitioner. Since the petitioner thereafter threatened her, she attempted to commit suicide on 18.05.2026 and after her discharge from the hospital, she had approached the police on 06.06.2026. 8. Learned Senior Counsel appearing on behalf of the petitioner has produced certain documents along with a memo. Perusal of the said documents would go to show that, on 02.02.2026, the petitioner had approached the Mahalakshmipuram Police Station and submitted a complaint alleging that he was harassed by the alleged victim in this case and her family members. He has also stated that the victim girl and her family members were threatening of filing a false case against him. Mahalakshmipura Police Station, after receiving the aforesaid complaint from the petitioner had registered NCR case No.10/2026 and the acknowledgment for the same is also produced along with the memo. 9. The medical records of petitioner’s minor daughter, aged 8 years produced along with memo would go to show - 8 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 that, during the course of her examination by a psychiatrist of NIMHANS Hospital, Bengaluru on 14.02.2026, it was found that she had a history of sexual assault by a female colleague of her father, who had inserted her finger into her private part. Minor daughter of the petitioner had appeared before the psychiatrist on 14.02.2026, 12.06.2026 and 19.06.2026. Subsequently, the petitioner's wife had approached Mahalakshmipuram Police Station and filed a complaint in which it is mentioned that at NIMHANS Hospital, she was informed that the alleged act committed against her daughter would amount to offences punishable under the provisions of the POCSO Act, 2012. It is under these circumstances, FIR was registered in Crime No.153 of 2026 on 19.06.2026 against the alleged victim girl in the present case for the offences punishable under Sections 4 and 6 of the POCSO Act, 2012 . 10. It is not in dispute that in the said case the victim girl in the present case was arrested and subsequently released on bail. In the meanwhile, she had appraoched Nandini Layout Police Station on 06.06.2026 and submitted a complaint alleging that in the year 2021 when she was 17 years of age, - 9 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 the petitioner had committed sexual assault on her. It is under these circumstances, FIR in Crime No.261/2026 was registered against the petitioner invoking offences punishable under the provisions of the POCSO Act, 2012. In the said case he was arrested and remanded to judicial custody. 11. The documents filed along with the memo includes photocopies of Whats App conversation of the victim girl with her friends and colleagues. A reading of the said messages would indicate that the petitioner and the victim girl were having an affair and subsequently, the victim girl had put an end to the same. It is also found that the affair between the petitioner and the victim girl was the cause for divorce proceedings between the petitioner and his wife. 12. In reply to the submission made by learned counsel for respondent no.2 that the Mahalakshmi Police have not properly investigated the case, it is brought to the notice of this Court by the learned Senior Counsel appearing on behalf of the petitioner that FIR registered in the present case which was registered by Nandini Layout Police Station was subsequently - 10 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 transferred to Mahalakshmipuram Police Station since it was alleged that the victim was sexually assaulted in the house of the petitioner, which was within the jurisdiction of Mahalakshmipuram Police station. After the victim girl had raised objection, the case was transferred to Rajajinagar Police Station and investigation was completed by the Inspector of Police attached to Rajajinagar Police Station and charge sheet is also filed by him. Therefore, the submission made by learned counsel for respondent no.2 that proper investigation has not been conducted in the present case appears to be incorrect. 13. In the case of X V. STATE OF UTTAR PRADESH (supra) on which reliance has been placed by the learned counsel for the respondent no.2, the victim girl, who was a minor was abducted by two persons and sexually assaulted repeatedly. Victim girl in the said case was 14 years of age as on the date of registration of FIR. In the present case, victim girl aged 22 years as on the date of FIR has made an allegation of sexual assault committed on her by the petitioner, when she was aged 17 years. Under the circumstances, the said - 11 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 judgment cannot be made applicable to the facts and circumstances of the present case. 14. The petitioner who is a married man having minor daughters has no other criminal antecedents. Since the investigation is now completed, his custody is no more required. Trial in the case is yet to commence. In view of the aforesaid aspects of the matter, 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:- ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.261 of 2026 registered by Nandini Layout Police Station for offences punishable under Sections 5(L), 6 of POCSO Act R/w Section 64(2)(m), 318(4), 115(2), 351(2), 238(c) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh - 12 - HC-KAR CNR: KAHC010517662026 NC: 2026:KHC:47268 CRL.P No. 11392 of 2026 only) 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. 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 NMS List No.: 1 Sl No.: 65