- 1 - HC-KAR CNR: KAHC010506982026 NC: 2026:KHC:47486 CRL.P No. 11067 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. 11067 OF 2026 BETWEEN: RAKESH SENCHA S/O ROOPARAM SENCHA, AGED ABOUT 25 YEARS, R/AT BEDYALA VILLAGE, CHAITRAN TALUK, BYAYARA DISTRICT, STATE OF RAJASTHAN. PETITIONER (BY SRI. LETHIF B.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANNUR POLICE STATION, MYSURU DISTRICT, REP BY SPP HIGH COURT BUILDING, BANGALORE 560 001. 2. MANOHAR LAL S/O NARAYAN LAL, AGED 40 YEARS, R/AT RANGASAMUDHRA VILLAGE, KASABA HOBLI, T NARASIPURA TALUK, MYSURU DISTRICT - 562106. RESPONDENTS (BY SRI. VINAY MAHADEVAIAH., HCGP FOR R1; Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010506982026 NC: 2026:KHC:47486 CRL.P No. 11067 of 2026 R2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.268/2025 OF BANNUR POLICE STATION, MYSURU DISTRICT FOR THE OFFENCES P/U/S 5(j)(ii), 5(i) 6 OF POCSO ACT AND SECTION 87, 303(1), 64(1), 64(2)(m) OF BNS PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I MYSURU AND ETC,. 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 SPl.No.164/2026 pending before the Court of Additional District and Sessions Judge, FTSC-1, Mysuru registered by Bannur Police Station, Mysuru District, arising out of Crime No.268/2025 for the offence punishable under Section 5 (j) (ii), 5 (i), 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), Section 87, 303 (1), 64 (1), 64 (2) (m) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), and Section 66(E) of Information Technology Act, is before this Court - 3 - HC-KAR CNR: KAHC010506982026 NC: 2026:KHC:47486 CRL.P No. 11067 of 2026 in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1 - State. Respondent No.2 is served and unrepresented before the Court. 3. FIR in Crime No.268/2025 was registered by Bannur Police Station, Mysuru District, for offence punishable under Section 137(2) of BNS, 2023 against the petitioner based on the first information received on 21.12.2025 from respondent No.2, who is father of the victim girl aged 17 years 1 month as on the date of registration of FIR. During the course of investigation petitioner and victim girl are traced together. The petitioner was subsequently arrested on 31.01.2026 and remanded to judicial custody. After completing investigation charge sheet is filed against him form the said offences. His bail application filed before the Trial - 4 - HC-KAR CNR: KAHC010506982026 NC: 2026:KHC:47486 CRL.P No. 11067 of 2026 Court in SPL.C.No.164/2026 was rejected. Therefore, he is before the this Court. 4. A reading of the typed first information dated 21.12.2025 would reveal that victim girl aged 17 years 1 month who is the daughter of first informant was found missing from her house on 20.12.2025, efforts made to trace her had failed. Since, the first informant doubted the hand of petitioner, who was his relative and used to visit their house regularly, FIR was registered against the petitioner for offence punishable under Section 137(2) of BNS, 2023. 5. During the course of investigation, petitioner and the victim girl were traced together on 31.01.2026 and on the very same day, petitioner was arrested and remanded to judicial custody. The statement of the victim girl under Section 161 of Cr.P.C was also recorded by the police on the very same day. In the said statement, victim girl has not made any allegations against the petitioner - 5 - HC-KAR CNR: KAHC010506982026 NC: 2026:KHC:47486 CRL.P No. 11067 of 2026 about he committing any kind of sexual assault on her. Charge sheet material would indicate that the petitioner and victim girl were in love. Petitioner who had come to house of the victim girl on 25.11.2025 has stolen certain gold ornaments and had pledged the same in Muthoot Finance, Bannur. Subsequently, the petitioner and victim girl had left their village and traveled to Maharashtra, Rajasthan, Delhi etc., and stayed together for a period of more than one month. After the victim girl was brought back her village she was medically examined and it was found that she was four months pregnant. The petitioner is said to be the biological father of the fetus which was aborted. Therefore, it appears that even prior to the incident, petitioner and victim girl were in relationship. The petitioner aged 25 years, has no criminal antecedents and he is in custody for the last more than six months. Investigation of the case is completed. 6. Considering the aforesaid aspects of the matter and also the age of the parties, I am of the opinion that, - 6 - HC-KAR CNR: KAHC010506982026 NC: 2026:KHC:47486 CRL.P No. 11067 of 2026 prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.164/2026 pending before the Additional District and Sessions Judge, FTSC-1, Mysuru arising out of Crime No.268/2025 registered by Bannur Police Station, Mysuru District, for the offence punishable under Section 5 (j) (ii), 5 (i), 6 of POCSO Act, Section 87, 303 (1), 64 (1), 64 (2) (m) of BNS, 2023 and Section 66(E) of Information Technology Act 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; - 7 - HC-KAR CNR: KAHC010506982026 NC: 2026:KHC:47486 CRL.P No. 11067 of 2026 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 PNV List No.: 1 Sl No.: 41