- 1 - HC-KAR CNR: KAHC010346212026 NC: 2026:KHC:47878 CRL.P No. 7355 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7355 OF 2026 BETWEEN: AKSHITH P, S/O AITHAPPA MOGERA, AGED ABOUT 26 YEARS, RESIDING AT NO.4-113 A, PARAMARGA HOUSE, NARIMOGARU VILLAGE AND POST, PUTTUR TALUK, D.K. – 574 202. …PETITIONER (BY SMT. JAYALAKSHMAMMA K.B, ADVOCATE) AND: 1. STATE BY STATION HOUSE OFFICER, WOMEN POLICE STATION, PUTTUR, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU – 560 001. 2. VICTIM GIRL, REPRESENTED BY HER GUARDIAN FATHER, SRI.RAMANNA, S/O MUDARA, AGED ABOUT 48 YEARS, R/AT NO.1-123, KALAPPARU HOUSE, SHIRADI VILLAGE, KADABA TALUK, D.K. – 574 229. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010346212026 NC: 2026:KHC:47878 CRL.P No. 7355 of 2026 …RESPONDENTS (BY SRI.RANGASWAMY R., HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 09.07.2026) THIS CRL.P. IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND GRANT AN ORDER OF REGULAR BAIL AND DIRECT THE RESPONDENT TO RELEASE THE PETITIONER FROM THE CUSTODY PENDING BEFORE VTH ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR , D.K., ARRESTED IN CRIME NO.35/2025 IN CONNECTION WITH THE OFFENCE P/US/ 64, 64(2)(f) OF BNS 2023 AND SEC.5(n) R/W SEC.6 OF POCSO ACT 2012. 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 Special Case No.5028/2025, pending before the Court of V Additional District and Sessions and Special Judge, D.K., Mangaluru arising out of Crime No. 35/2025, registered by Dakshina Kannada Women Police Station for offences punishable under Section 64, 64(2)(f) of B.N.S., 2023 and Section 5(n) r/w 6 of Protection of Children from Sexual Offences Act, 2012, is before this - 3 - HC-KAR CNR: KAHC010346212026 NC: 2026:KHC:47878 CRL.P No. 7355 of 2026 Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.35/2025 was registered by Dakshina Kannada Women Police Station for the aforesaid offences by the petitioner herein, based on first information received from the victim girl aged 16 years. During the course of investigation of the case, petitioner was arrested on 15.05.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Jurisdictional trial Court in Special Case No.5028/2025 was rejected on 24.07.2025, therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that victim girl in collusion with CW6 has filed a false complaint against the petitioner. She has a illicit relationship with - 4 - HC-KAR CNR: KAHC010346212026 NC: 2026:KHC:47878 CRL.P No. 7355 of 2026 CW6. She submits that the victim has been examined-in- chief before the trial Court but thereafter, she has not co- operated for her cross-examination. She submits that since, the investigation of the case is completed, petitioner's custody is no more required. In support of her argument, she has placed reliance on the judgment of Hon'ble Supreme Court in the case of Sanjay Chandra v. CBI, reported in (2012) 1 SCC 40 and also in the case of Chikkannaiah @ Putta v. State by Kamakshipalya Police Station in Crl.P.No.2658/2020 disposed of on 22.06.2020. 5. Per Contra, learned High Court Government Pleader who has opposed the petition submits that victim girl is a close relative of the petitioner and has made strong allegations against him. She submits that even the medical records of the victim girl support the case of the prosecution. Victim's cross-examination was deferred at the instance of the petitioner and therefore, he cannot say - 5 - HC-KAR CNR: KAHC010346212026 NC: 2026:KHC:47878 CRL.P No. 7355 of 2026 that she is not co-operating before the trial Court. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner is the son of the maternal aunt of the victim girl, aged 16 years. It appears that victim girl along with her relatives had gone to the house of petitioner to attend some religious function in their house. On the said day, at about 1.30 a.m., when the victim girl was sleeping in a room inside the house of the petitioner, he allegedly had forcible sexual intercourse with her against her wishes and thereafter, he criminally intimidated the victim girl, who had returned to her house on the next day and thereafter, consumed poison. Therefore, she was admitted to a hospital. Subsequently, she had revealed to her parents about the alleged act committed by the petitioner and had approached the police. Based on her first information, FIR was registered against the petitioner for the aforesaid offences. - 6 - HC-KAR CNR: KAHC010346212026 NC: 2026:KHC:47878 CRL.P No. 7355 of 2026 7. During the course of investigation, statement of the victim girl under Section 183 of BNSS was recorded by the jurisdictional Magistrate and even in the said statement, the victim girl has made serious allegations against the petitioner, which would clearly attract the alleged offences. In the medical records of the victim girl also, it is stated that there is evidence suggestive of penetrative sexual intercourse. Medical records of the victim girl would also go to show that she had consumed poison, after the petitioner had committed alleged act on her in his house and therefore, she was admitted to a hospital. 8. Victim girl has been examined-in-Chief before the Trial Court and it is not in dispute that during the course of her deposition before the trial Court also, she has made allegations against the petitioner reiterating her statement under Section 183 of BNSS, 2023, The records reveal that cross-examination of the victim girl was - 7 - HC-KAR CNR: KAHC010346212026 NC: 2026:KHC:47878 CRL.P No. 7355 of 2026 deferred at the instance of the petitioner. It appears that the victim girl is a student and therefore, on subsequent dates she had not appeared before the trial Court for her cross-examination, that itself cannot be a consideration to enlarge the petitioner on bail. Considering the gravity of the offences alleged against him. 9. The judgments on which reliance has been placed by the learned counsel for the petitioner are rendered having regard to the fact of the said case and the same cannot be made applicable to the facts and circumstances of the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be rejected. Accordingly, criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE PSJ/List No.: 1 Sl No.: 34