- 1 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 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 CRL.P. NO.11326/2026 (439(Cr.PC)/483(BNSS)) BETWEEN: NADEEM AHMED S/O ABDUL KALIL, AGED ABOUT 46 YEARS, PRESENTLY R/AT KANNURALLI ROAD, BEHIND KAVERI BEKAREY, HOSKOTE, BANGALORE DISTRICT-562114 PERMANENT R/AT NO.2/188, CHOWREDDY PALYA, 4TH CROSS, CHINTHAMANI TOWN, CHINTHAMANI- 522508. …PETITIONER (BY SRI. LETHIF B., ADV.) AND: 1. STATE OF KARNATAKA BY HOSKOTE POLICE STATION, BANGALORE RURAL DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-560001. 2. ASHWAK AKAMMAD, S/O MUSHTAK AHAMMAD, AGED ABOUT 42 YEARS, R/AT SHANKANIPURA VILLAGE, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 of 2026 KASABA HOBLI, HOSKOTE, BANGALORE DISTRICT-562114. …RESPONDENTS (BY SMT. RASHMI JADHAV, ASPP FOR R1 SRI MOHAMMED RUBBAN MODI ADV. FOR R2) THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C, PRAYING TO GRANT HIM BAIL FOR OFFENCE P/US/ 12,9,8,5(L),5(P),17 OF POCSO ACT AND SEC.75, 3(5) OF BNS IN CRIME NO.108/2026 (SPL.C.NO.613/2026) OF HOSAKOTE POLICE STATION, BENGALURU RURAL DISTRICT, PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC I POCSO ACT BENGALURU RURAL AND THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I BENGALURU RURAL DISTRICT, BENGALURU HAS REJECTED THE BAIL PETITION ON 23.07.2026 IN CRL.MISC.NO.1470/2026. 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.1 in Spl.Case No.613/2026 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, arising out of Crime No.108/2026 registered by the Hosakote Police Station, Bangalore for the offences punishable under Sections 8, 9, 12, 5(l), 5(p), 17 of POCSO Act, 2012 and Sections 75, 3(5) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. - 3 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 of 2026 2. Heard the learned counsel for the petitioner; learned HCGP on behalf of respondent No.1- State and Sri.Mohammed Rubban Modi, learned counsel for respondent No.2. 3. FIR in the present case Crime No.108/2026 was registered by the Hosakote Police Station for the offences punishable under Sections 8, 9 and 12 of POCSO Act, 2012 against the petitioner and another, based on the first information dated 24.05.2026 received from respondent No.2 who is the father of alleged victim girl aged 15 years. During the course of investigation of the case, the petitioner herein was arrested 25.05.2026 and remanded to the judicial custody. After completion of the investigation, charge sheet was filed as against two persons for the aforesaid offences. The petitioner is arraigned as Accused No.1 and the mother of alleged victim girl is arraigned as Accused No.2 in the charge sheet. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1470/2026 was rejected on 23.07.2026. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that the first informant is the father of the alleged victim girl and - 4 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 of 2026 Accused No.2 is her mother. Petitioner is the maternal Uncle of Accused No.2. It appears that the parents of victim girl are living separately because of certain matrimonial disputes between them. The victim girl appears to have been residing with her mother who is arraigned as Accused No.2 in the present case. The first informant approached the Police based on the information given by the victim girl to the effect that accused No.1 who used to come to their house was misbehaving with her and he used to kiss her lips and inappropriately touch her private parts. It is under these circumstances, FIR was registered invoking offences under Sections 8, 9 and 12 of the POCSO Act. 5. During the course of investigation, the petitioner was arrested on 25.05.2026 and statement of the victim girl under Section 183 of BNSS, 2023 was recorded by the jurisdictional Magistrate on 10.06.2026. A reading of the said statement would go to show that the victim girl has not made any allegation in her statement about accused No.1 committing any kind of penetrative sexual assault as defined under Section 3 of the POCSO Act. - 5 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 of 2026 6. Section 3 of the POCSO Act which defines penetrative sexual assault reads as follows: “3. Penetrative sexual assault.- A person is said to commit “penetrative sexual assault” if – (a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or (b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or (c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of the body of the child or makes the child to do so with him or any other person; or (d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.” - 6 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 of 2026 7. Section 4 provides for punishment for penetrative sexual assault and Section 6 provides for punishment for aggravated penetrative sexual assault. Section 5 of the POCSO Act defines aggravated penetrative sexual assault. In the present case, though Section 5(l) and 5(p) have been invoked in the charge- sheet, the allegations found in the FIR or in the statement of the victim girl recorded under Section 183 of BNSS, 2023 do not indicate that the petitioner has committed penetrative sexual assault on the victim girl. The maximum punishment for other offences for which the charge sheet is filed is imprisonment for a period of 7 years. Petitioner aged about 46 years is said to be a married man; he is in custody from 25.05.2026 and the investigation of the case is already completed. 8. Considering the aforesaid aspects of the matter and the relationship between the parties, 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: - 7 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 of 2026 ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.Case No.613/2026 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, arising out of Crime No.108/2026 registered by Hosakote Police Station, Bengaluru, for offences punishable under Sections 8, 9, 12, 5(l), 5(p), 17 of POCSO Act, 2012 and Sections 75, 3(5) of BNS, 2023 subject to the following conditions: a) The petitioner shall execute a 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; - 8 - HC-KAR CNR: KAHC010517512026 NC: 2026:KHC:48066 CRL.P No. 11326 of 2026 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 MPK CT:bms List No.: 1 Sl No.: 40