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2026 DAILYLAW 42550 (KAR)

UMESH N v. STATE OF KARNATAKA

CRL.P/13542/2026 · 2026-09-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010606932026 NC: 2026:KHC:51501 CRL.P No. 13542 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. 13542 OF 2026 BETWEEN: UMESH N S/O NAGARAJ, AGED ABOUT 23 YEARS, R/O FILTER SHED, JANNAPURA, BHADRAVATHI TALUK, BHADRAVATHI, KASABA AI, SHIVAMOGGA – 577 301. …PETITIONER (BY SRI. PRASAD B S.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY INSPECTOR OF POLICE, BHADRAVATHI NEW TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SHYLAJA, (PATERNAL AUNT OF VICTIM) W/O VENKATESH AGED ABOUT 47 YEARS, OCC. HOUSE HOLD, R/O FILTER SHED, JANNAPURA, BHADRAVATHI, KASABA AI, BHADRAVATHI TALUK, SHIVAMOGGA – 577 301 …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010606932026 NC: 2026:KHC:51501 CRL.P No. 13542 of 2026 (BY SRI. RAHUL RAI.K, HCGP; V/O DATED 19.09.2026, NOTICE TO R2 H/S) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRL.MISC.NO.833/2026 IN CR.NO.113/2026 PENDING ON THE FILE OF THE LEARNED ADDL.DIST. AND SESSIONS JUDGE FTSC-1 (POCSO) AT SHIVAMOGGA IN FOR THE OFFENCE ALLEGEDLY P/U/S 78(2) OF BNS 2023 AND FOR THE OFFENCE P/U/S 8,12 OF POCSO ACT 2012 REGISTERED BY THE RESPONDENT SHIVAMOGGA BHADRAVATHI NEW TOWN P.STHE ADDL.DIST. AND SESSIONS JUDGE, FTSC-1 SHIVAMOGGA HAS REJECTED THE BAIL PETITION ON 08.06.2026 IN CR.NO.123/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.113 of 2026 registered by Bhadravathi New Town Police Station, Shivamogga District for offences punishable under Sections 126(2) & 78(2) of BNS, 2023 & Section 8 & 12 of POCSO Act, 2012 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for petitioner and learned counsel for respondent no.1. Respondent no.2, who is served in the matter has remained unrepresented. - 3 - HC-KAR CNR: KAHC010606932026 NC: 2026:KHC:51501 CRL.P No. 13542 of 2026 3. FIR in Crime No.113 of 2026 was registered by Bhadravati New Town Police Station, Shivamogga District against the petitioner herein based on the first information dated 19.05.2026 received from respondent no.2, who is the paternal aunt of the victim girl, aged 17 year 3 months. In the said case, the petitioner was arrested on 19.05.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.833/2026 was rejected on 12.08.2026. Therefore, he is before this Court. 4. A reading of the first information as well as charge sheet would reveal that the victim girl, aged 17 years 3 months is pursuing her PUC education. The petitioner who is staying in her neighbouring house allegedly was pestering the victim girl to love him and this was informed by the victim girl to her paternal aunt. In spite of the relates of the victim girl, advising the petitioner, he allegedly continued to pester the victim girl. On 14.05.2026, the petitioner who had followed the victim on her way to her college, he allegedly took her behind the veterinary hospital and pestered her to marry him. He also allegedly pulled her hand and touched her body inappropriately. - 4 - HC-KAR CNR: KAHC010606932026 NC: 2026:KHC:51501 CRL.P No. 13542 of 2026 The victim girl after returning home informed about the said incident to her paternal aunt. Therefore, FIR was registered in the present case. 5. Investigation of the case is now completed and charge sheet is filed. The maximum punishment for the alleged offences is imprisonment for a period of five years. The petitioner aged 23 years has no other criminal antecedents. Accordingly, the following: ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.113 of 2026 registered by Bhadravati New Town Police Station, Shivamogga District for offences punishable under Sections 126(2) & 78(2) of BNS, 2023 & Section 8 & 12 of POCSO Act, 2012, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR CNR: KAHC010606932026 NC: 2026:KHC:51501 CRL.P No. 13542 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. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 38