- 1 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10030 OF 2026 BETWEEN: NAGESH @ NAGAPPA @ NAGARAJ S/O SHRANAPPA AGED ABOUT 23 YEARS R/AT. GAVI RENT HOUSE NEAR WATER POINT, CHITRA LAYOUT YELAHANKA NEW TOWN BENGALURU - 560 064 PERMANENT ADDRESS BACHWAR (V), HATTIKUNI (P) YADGIR (TQ) (DIST.) KARNATAKA - 585 202. …PETITIONER (BY SRI ABHISHEK HUDDAR, ADV.) AND: 1. STATE OF KARNATAKA KARNATAKA YELAHANKA NEW TOWN P.S, REP BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. NETRAVATHI M.P W/O SHASHIKUMAR B.N AGED ABOUT 36 YEARS R/AT. NO. 349, SMIG B 22ND BLOCK, 4TH PHASE YELAHANKA NEW TOWN BENGALURU - 560 054. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 (BY SMT. RASHMI JADHAV, ADV., FOR R-1; SMT. PARINEETHA S CHANAL, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 05.06.2026 PASSED IN CRL.MISC NO.4673/2026 AND CONSEQUENTLY ENLARGE THE PETITIONER/ACCUSED ON BAIL ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT IN SPL.CC NO.876/2026 FOR THE OFFENCES P/U/S 10, 5(k), 6, 9(k), 9(g), OF POCSO ACT 2012 AND SECTION 137(2), 64(2)(k) , 65, 70(2), 75, 87 R/W SECTION 3(5) OF BNS IN CRIME NO.29/2026 (YELAHANKA NEW TOWN POLICE STATION) WHICH IS NOW PENDING BEFORE THE COURT OF HONBLE FTSC-IIV ADDL.DISTRICT AND SESSIONS JUDGE, 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 Accused No.3 in Spl.C.C.No.876 of 2026 pending before the Court of Additional District and Sessions Judge, FTSC- IV, Bengaluru, arising out of Crime No.29 of 2026 registered by Yelahanka New Town Police Station, Bengaluru for the offences punishable under Section 10, 5(g), 5(k), 6, 9(k), 9(g) of POCSO Act, 2012 and Section 64(2) (k), 65, 70(2), 75, 87 read with Section 3(5) of BNS, 2023, is before this Court in this successive bail - 3 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 application filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.29 of 2026 registered by Yelahanka New Town Police Station, Bengaluru for the aforesaid offences against Bandappa and another, based on the first information dated 26.01.2026 received from respondent No.2, who is the mother of the alleged victim girl, aged about 13 years. During the course of investigation, petitioner herein was arrested on 27.01.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected and thereafter, he had approached this Court in Criminal Petition No.4721 of 2026, which was dismissed as withdrawn on 30.06.2026. It is under these circumstances, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner aged 23 years, has no other criminal - 4 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 antecedents. His name is not found in the FIR. Only allegation against him is that on 25.01.2026, he had inappropriately touched the chest of the victim girl. Maximum punishment for the alleged offences against him is imprisonment for a period of 7 years. Accordingly, he prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor and learned counsel appearing for respondent No.2, who have opposed the petition, submit that victim girl is mentally challenged and accused No.3 had introduced the victim girl to accused No.2, who thereafter along with accused No.1 has committed penetrative sexual assault on the victim girl on 26.01.2026. Accordingly, they pray to dismiss the petition. 6. First informant in the present case is the father of the victim girl, aged 13 years. It is stated that on 26.01.2026 at about 11.00 a.m., victim girl had left her house informing her parents that she would be going to - 5 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 Swami Vivekananda Park for attending flag hosting programme. At about 12.00 p.m., on 26.01.2026, brother of the first informant informed him that victim girl was taken by accused Nos.1 and 2 named in the FIR, to their house and the victim girl was screaming from the said house. Immediately thereafter, first informant and his brother went to the house of accused Nos.1 and 2 and brought the victim back. On enquiry, it was learnt that accused Nos.1 and 2 had committed penetrative sexual assault on the victim girl. It is under these circumstances, FIR was registered against them for the aforesaid offences. 7. It is not in dispute that the petitioner's name is not found in the FIR. During the course of investigation, he was arrested on 27.01.2026. Allegation against him is that on 25.01.2026 he had taken the victim girl to a park and had inappropriately touched her chest. Subsequently he also introduced her to accused No.2, who thereafter on 26.01.2026 had taken the victim girl to his house along - 6 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 with accused No.1 and committed penetrative sexual assault on her. In the charge sheet, there is no allegation of the petitioner role with regard to the alleged act committed by accused Nos.1 and 2 on the victim on 26.01.2026. 8. Petitioner aged 23 years has no other criminal antecedents. Considering the aforesaid aspects of the matter and also the nature of allegations found against the petitioner in the charge sheet, 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 : O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.C.No.876 of 2026 pending before the Court of Additional District and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.29 of 2026 registered by Yelahanka New Town Police - 7 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 Station, Bengaluru for the offences punishable under Section 10, 5(k), 6, 9(k), 5(g) of POCSO Act, 2012 and Section 64(2) (k), 65(1), 70(2), 75, 87 read with Section 3(5) of BNS, 2023, 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; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without - 8 - HC-KAR CNR: KAHC010463192026 NC: 2026:KHC:48398 CRL.P No. 10030 of 2026 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.: 32