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High Court of Karnataka · body

2026 DAILYLAW 42288 (KAR)

RAMESH B P v. THE STATE OF KARNATAKA

CRL.P/11348/2026 · 2026-09-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11348 OF 2026 BETWEEN: RAMESH B P S/O PUTTARANGAIAH AGED ABOUT 40 YEARS, R/AT THOREPALYA, KALARI POST KASABA HOBLI, MAGADI TALUK BANGALORE SOUTH - 45. …PETITIONER (BY SRI. SAMPATH KUMAR A.V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY MAGADI POLICE STATION, RAMANAGAR DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. XXX D/O HONNAIAH AGED ABOUT 23 YEARS R/AT NEAR TORE PALYA VILLAGE KALARI POST KASABA HOBLI, MAGADI TALUK, BENGALURU - 01. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SMT. AISHWARYA S. HANCHATE, ADVOCATE FOR R2) Digitally signed by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.73/2026 REGISTERED BY MAGADI P.S., PENDING BEFORE THE HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, AT RAMANAGAR, FOR THE OFFENCES P/U/S 64, 69, 351(2) OF BNS, U/S 4, 6, 14, 15 OF POCSO ACT, 2012, U/S 66(E), 67, 67(A) OF I.T ACT. 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.90 of 2026 pending before the Court of III Additional District and Sessions Judge, Ramanagar arising out of Crime No.73 of 2026 registered by Magadi Police Station, Bengaluru South for the offences punishable under Section 64, 69, 351(2) of BNS, 2023, Section 4, 6, 14 and 15 of POCSO Act, 2012 and Section 66(E), 67, 67(A) of IT Act, 2000, 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 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 3. FIR in Crime No.73 of 2026 registered by Magadi Police Station, Bengaluru South for the aforesaid offences against Ramesha, based on the first information dated 28.03.2026 received from the victim girl, aged 23 years. In the said case, the petitioner was arrested on 26.03.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.460 of 2026 was rejected on 15.07.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition, submits that the petitioner is a married man having wife and children. The victim girl was earlier residing in the house adjacent to the house of the petitioner. The petitioner and the victim girl had a consensual sexual relationship and after the same has failed, a false complaint has been now filed making baseless allegations. The investigation of the case - 4 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 is now completed. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader and learned counsel for respondent No.2 have seriously opposed the bail application. They submit that the petitioner had committed sexual assault on the victim girl when she was a minor and therefore, the provisions of the POCSO Act are clearly attracted in the present case. Learned counsel for the respondent No.2 also submits that even after the victim girl has attained the age of majority, the petitioner continued to threaten her and had forcible sexual intercourse with her against her wishes. She submits that even as on this date, the petitioner is threatening the victim girl and therefore, in the event the petitioner is enlarged on bail, he is likely to tamper with the material charge sheet witnesses. Accordingly, they pray to dismiss the petition. - 5 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 6. The first informant, who is the victim girl, aged 23 years has filed a typed first information dated 28.03.2026 alleging that, in year 2019, when she was studying in 10th standard, the petitioner, who was staying with his family in the adjacent house, had requested her to come his house and give tuition to his children. Accordingly, the victim girl used to visit the house of the petitioner for the purpose of giving tuition to his children. Subsequently, on the day when the wife of the petitioner was not in the house, she was asked to stay back in the house of the petitioner to look after the children. 7. On the said date, the petitioner came to the house in the midnight and recorded a private video of the victim girl, who was sleeping in the house. Subsequently, he had shown the video of the victim girl that he had recorded in his mobile phone and had threatened her with uploading the same in the social media. Thereafter, when the victim girl was taking bath in her house, the petitioner allegedly recorded the same secretly. Subsequently, - 6 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 though the victim girl had requested him to delete the video recordings, he had refused to do so and threatened the victim girl and had forcible sexual intercourse with her against her wishes. She has alleged that even after she attained the age of majority, the petitioner continued to follow her and by threatening her, he used to have sexual intercourse with her. 8. She has stated that for the period from 2023 to 2025 unwillingly, she had gone with him to various places in his car, stayed with him and had sexual intercourse with him. She has further stated that the petitioner also had promised to marry her. She has further stated that in the month of September, 2025 she had quarreled with the petitioner and had discontinued her relationship with him. Subsequently, the petitioner came near her college and tried to misbehave with her and also threatened to harm her family and commit suicide. In the month of March, 2026, the petitioner and his wife allegedly had quarreled with her and subsequently, he also had posted their - 7 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 photographs in social media stating that victim girl was his wife. It is under these circumstances, victim had approached the police on 28.03.2026. 9. From the reading of the aforesaid, it is apparent that the victim girl was acquainted with the petitioner for the last nearly 7 years. She has now made allegation that the petitioner had sexual intercourse with her when she was a minor in the year 2019 by threatening to circulate her private videos in social media. It is not in dispute that the petitioner is a married man having wife and children and that the victim girl was aware of the same. 10. From the reading of the first information, it gives an impression that the petitioner and the victim girl were in a relationship, for a considerable period of time. Subsequently, they had quarreled and the victim girl had discontinued the said relationship in the month of September 2025. It is only after the their photographs were allegedly published by the petitioner in the social - 8 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 media, the victim girl had approached the police. The investigation of the case is now completed and charge sheet is filed. Petitioner is a married man and he is required to take care of his wife and children. 11. Considering the aforesaid aspects of the matter and nature of allegations found against petitioner, 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 (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special Case No.90 of 2026 pending before the Court of III Additional District and Sessions Judge, Ramanagar arising out of Crime No.73 of 2026 registered by Magadi Police Station, Bengaluru South for the offences - 9 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 of 2026 punishable under Section 64, 69, 351(2) of BNS, 2023, Section 4, 6, 14 and 15 of POCSO Act, 2012 and Section 66(E), 67, 67(A) of IT Act, 2000, 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 - 10 - HC-KAR CNR: KAHC010520542026 NC: 2026:KHC:51364 CRL.P No. 11348 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.: 12