- 1 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9164 OF 2026 BETWEEN: 1. SRI. VEMANARAYAN S/O GANGULA, AGED ABOUT 33 YEARS, R/A NALAGUTTAHALLI VILLAGE, RAGHUTTAHALLI POST, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 563 125. …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHINTAMANI TOWN POLICE STATION, CHIKKABALLAPUR, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. XXX XXXX REPRESENTED BY HER NATURAL GUARDIAN/BROTHER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 SRI. R. ARAVIND, S/O REDDAPPA, AGED ABOUT 20 YEARS, R/A: THAPESHWARA COLONY, CHINTAMANI TOWN, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563 125. …RESPONDENTS (BY SRI. RANGASWAMY R, HCGP FOR R1; SRI. SRINATHA B.V, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN SPL.SC.NO.97/2026 ARISING OUT OF CR.NO.27/2026 REGISTERED BY THE 1st RESPONDENT IN CHINTAMANI TOWN P.S., CHIKKABALLAPUR, PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) CHIKKABALLAPUR, FOR THE OFFENCES P/U/S 88,94,64(2)(f),64(2)(m),65(1),5(J)(ii),5(L),5(N),6 OF POCSO ACT, 2012.THE ADDITIONAL DISTRICT AND SESSIONS JUDE, FTSC-I (POCSO) CHIKKABALLAPURA HAS DISMISSED THE BAIL PETITION ON 11.06.2026 IN SPL.SC.NO.97/2026. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Spl.SC.No.97/2026, pending before the Court of the Addl.District and Sessions Judge, FTSC-I (POCSO) at Chikkaballapura arising out of Crime No.27/2026 registered by Chintamani Town Police Station, for the offences punishable under Section 88, 94, 64(2)(f), 64(2) (m), 65(1) and Section 5(J) (ii), 5(l), 5(n) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), 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. FIR in Crime No.27/2026 was registered by Chintamani Police Station, Chikkaballapura, for the offences punishable under Section 94 of BNS, 2023 against the unknown person based on the first information dated 28.02.2026 - 4 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 received from respondent No.2, who is the brother of the victim girl. 4. During the course of investigation of the case, the petitioner was arrested on 07.03.2026 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 Spl.Sc.No.97/2026 was rejected on 11.06.2026. Therefore, he is before this Court. 5. The learned counsel for the petitioner and learned counsel for respondent No.2 jointly submit that parents of the petitioner and the parents of the victim girl are present before this Court along with respondent No.2. They submit that parties are willing to perform the marriage of the petitioner with the victim immediately after she attains the age of majority. It is submitted that the petitioner and the victim girl were in a consensual relationship and, as a result of their consensual sexual relationship, the victim girl became pregnant. Learned HCGP, however, brings to the notice of this Court that victim girl is a minor. - 5 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 6. First informant in the present case is the brother of the victim girl. In the FIR dated 28.02.2026, it is averred that on the said day, at about 05.00 p.m., he had brought his younger sister to their home from her school and had gone outside. After sometime, his sister informed him that blood is found in their bathroom. Immediately, he went inside their bathroom and found fetus of a baby about 4 to 5 months old. It is under these circumstances, he had approached the police. 7. In the charge sheet, which is filed after investigation, it is alleged that petitioner and the victim who are relatives, were in love and they had sexual intercourse in the house of the victim girl on multiple occasions. As a result, the victim had conceived. After the petitioner was informed that victim was pregnant, he had asked her to eat pineapple and sesame seeds. After consuming the same, on 28.02.2026, her pregnancy was aborted. The first informant after seeing the fetus of the 4 to 5 months old girl-baby in the commode of their bathroom, had reported to police. DNA test report shows that petitioner is the biological father of the fetus in question. - 6 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 8. The charge sheet would go to show that the petitioner and the victim girl are close relatives and they hail from the same village. Parents of the petitioner and the parents of the victim are before this court and they have filed affidavits before this Court undertaking to perform the marriage of the petitioner with the victim immediately after she attains the age of majority. Even the first informant, who is the brother of the victim girl has filed affidavit similar to the affidavits filed by the parents of both parties. 9. Under similar circumstances, the Co-ordinate Bench of this Court in Crl.P.No.14246/2025 dated 19.12.2025 has granted regular bail to the accused, who was the biological father of the fetus. 10. In paragraph Nos.7 to 9 of the Order passed in Crl.P.No.14246/2025, reads as follows: "7. Column No.17 of the charge sheet indicate that date of birth of the victim girl is 15.07.2008. Both the petitioner and C.W.1 - victim girl were having love affair. Petitioner took the victim girl during August, 2024 on his bike, both went to a village in Chikaballapur, resided in a shed and had sexual intercourse. Victim girl became pregnant. Pregnancy of the victim girl was aborted and the - 7 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 fetus has been sent for DNA test along with blood samples of petitioner and the victim girl. DNA test report indicate that the petitioner is the biological father and victim girl is the biological mother of the fetus. Statement of the victim girl indicate that she was having love affair with the petitioner. Petitioner has agreed to marry the victim girl after she attains the age of majority. Parents of the petitioner have filed affidavit that they will perform the marriage of their son, who is petitioner herein, with the victim girl after she attains the age of majority. 8. Date of birth of the victim girl is 15.07.2008 and she will attain majority on 15.07.2026. Parents of the petitioner have to perform marriage of their son petitioner, with the victim girl within 1 month from the date the victim girl attains the age of maturity, i.e., on or before 15.08.2026. 9. As charge sheet is filed, petitioner is not required for custodial interrogation. Petitioner has undertaken to appear before the trial Court on all dates of the hearing." 11. It is not in dispute that the petitioner has no other criminal antecedents and he undertakes to co-operate before the trial court for expeditious disposal of the case. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following: - 8 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 of 2026 12. Accordingly, the following : O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.No.97/2026 pending before the Court of Addl.District and Sessions Judge, FTSC-I (POCSO) at Chikkaballapura arising out of Crime No.27/2026 registered by Chintamani Police Station, Chickballapura for the offences punishable under Sections 88, 94, 64(2)(f), 64(2) (m), 65(1) and Section 5(J) (ii), 5(l), 5(n) and 6 of Protection of Children from Sexual Offences 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 9 - HC-KAR CNR: KAHC010429132026 NC: 2026:KHC:47417 CRL.P No. 9164 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 AG List No.: 1 Sl No.: 28