- 1 - HC-KAR CNR: KAHC010659962026 NC: 2026:KHC:55332 CRL.P No. 14752 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14752 OF 2026 BETWEEN: SRI NAGENDRA A S/O ANJANEYALU AGED ABOUT 25 YEARS R/A D. SAJJUPALLI VILLAGE GULURU HOBLI, BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT - 561 207. …PETITIONER (BY SRI DEVENDRA N, ADV.) AND: 1. STATE OF KARNATAKA BY BAGEPALLI POLICE STATION CHIKKABALLAPUR REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. CHILD WELFARE COMMITTEE CHIKKABALAPUR CHIKKABALLAPUR DISTRICT - 562 101. 3. XXX …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1 TO R-3; SRI ABHILASH KUMAR M.N, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.258/2026 OF BAGEPALLI P.S. CHIKKABALLAPURA DIST. (1ST RESPONDENT HEREIN ) WHICH IS NOW PENDING ON THE FILE OF THE ADDL.DIST. AND SESSIONS JUDGE, FTSC-1 (POCSO) CHIKKABALLAPURA FOR THE OFFENCE P/U/S 65(1) OF BNS 2023 AND SEC.4(2),5(J)(II),12 OF POCSO ACT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010659962026 NC: 2026:KHC:55332 CRL.P No. 14752 of 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 Special SC No.181/2026 pending before the Court of Additional District and Sessions, FTSC-I, Chikkamagaluru, arising out of Crime No.258/2026 registered by Bagepalli Police Station, Chikkaballapura, for the offences punishable under Section 65(1) of BNS, 2023 and Sections 12, 5(J)(ll), 5(n) and 4(2) of the 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 the parties. 3. FIR in Crime No.258/2026 registered by Bagepalli Police Station, Chikkaballapura, for the aforesaid offences against petitioner herein based on the first information dated 12.07.2026 received from the victim girl, who is the daughter of respondent No.3 herein. In the said case, during the course of investigation, petitioner was arrested on 14.07.2026 and remanded to judicial custody. Investigation of the case is now - 3 - HC-KAR CNR: KAHC010659962026 NC: 2026:KHC:55332 CRL.P No. 14752 of 2026 completed and charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.421/2026 was rejected on 05.09.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner and learned counsel for respondent No.3 jointly submit that petitioner and the victim girl are in love. Petitioner is the maternal uncle of the victim girl. Parents of the petitioner and the parents of the victim girl have now decided to perform the marriage of the petitioner with the victim girl, after she attains the age of majority. 5. Learned HCGP brings to the notice of this Court that victim girl is a minor and allegation against the petitioner is that he had sexual intercourse with her and as a result, she had conceived. He submits that DNA test report is not yet received from Forensic Science Laboratory. 6. In the charge sheet, which is now filed, it is alleged that petitioner and the victim girl, who were in love had sexual intercourse and as a result, the victim girl had conceived. Subsequently, victim girl had visited the Hospital since she had - 4 - HC-KAR CNR: KAHC010659962026 NC: 2026:KHC:55332 CRL.P No. 14752 of 2026 missed her periods and the Doctor in the Hospital, who had medically examined her, had informed her that she was pregnant. It is under these circumstances, she had approached the police and based on her first information, FIR has been registered against petitioner for the aforesaid offences. 7. Charge sheet material would go to show that petitioner and the victim girl are close relatives and they hail from same village. Parents of the petitioner and parents of the victim girl are present before this Court and they have submitted that after the victim girl attains the age of majority, her marriage with the petitioner would be performed. Parents of the petitioner also have filed an affidavit to the aforesaid effect undertaking to perform the marriage of the petitioner with the victim girl, after she attains the age of majority. 8. Under similar circumstances, the Co-ordinate Bench of this Court in Crl.P.No.14246/2025 dated 19.12.2025 had granted regular bail to the accused, who was the biological father of the fetus. In paragraph Nos.7 to 9 of the said order, it is observed as follows:- - 5 - HC-KAR CNR: KAHC010659962026 NC: 2026:KHC:55332 CRL.P No. 14752 of 2026 "7. Column No.17 of the charge sheet indicate that date of birth of the victim girl is 15.07.2008. Both the petitioner and C.W.1 - victim girl were having love affair. Petitioner took the victim girl during August, 2024 on his bike, both went to a village in Chikaballapur, resided in a shed and had sexual intercourse. Victim girl became pregnant. Pregnancy of the victim girl was aborted and the fetus has been sent for DNA test along with blood samples of petitioner and the victim girl. DNA test report indicate that the petitioner is the biological father and victim girl is the biological mother of the fetus. Statement of the victim girl indicate that she was having love affair with the petitioner. Petitioner has agreed to marry the victim girl after she attains the age of majority. Parents of the petitioner have filed affidavit that they will perform the marriage of their son, who is petitioner herein, with the victim girl after she attains the age of majority. 8. Date of birth of the victim girl is 15.07.2008 and she will attain majority on 15.07.2026. Parents of the petitioner have to perform marriage of their son petitioner, with the victim girl within 1 month from the date the victim girl attains the age of maturity, i.e., on or before 15.08.2026. - 6 - HC-KAR CNR: KAHC010659962026 NC: 2026:KHC:55332 CRL.P No. 14752 of 2026 9. As charge sheet is filed, petitioner is not required for custodial interrogation. Petitioner has undertaken to appear before the trial Court on all dates of the hearing." 9. Petitioner aged 25 years has no other criminal antecedents. He is said to be an agriculturist by avocation. Under the circumstances, the following order:- 10. The petition is allowed. The petitioner is directed to be enlarged on bail in Special SC No.181/2026 pending before the Court of Additional District and Sessions, FTSC-I, Chikkamagaluru, arising out of Crime No.258/2026 registered by Bagepalli Police Station, Chikkaballapura, for the offences punishable under Section 65(1) of BNS, 2023 and Sections 12, 5(J)(ll), 5(n) and 4(2) of the POCSO Act, 2012, subject to the following conditions: a) 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; - 7 - HC-KAR CNR: KAHC010659962026 NC: 2026:KHC:55332 CRL.P No. 14752 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; 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 DN List No.: 1 Sl No.: 87