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2026 DAILYLAW 44795 (KAR)

KIRAN @ KIRAN C v. STATE OF KARNATAKA

CRL.P/13930/2026 · 2026-10-05

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 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. 13930 OF 2026 BETWEEN: KIRAN @ KIRAN C S/O CHANNEGOWDA AGED 27 YEARS, R/AT MALAVALLI, MANDYA - 571 430 NOW R/AT KADANAKANAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK BANGALORE SOUTH DT. - 562 160. …PETITIONER (BY SRI. MANJUNATH B.R, ADVOCATE) AND: 1. STATE OF KARNATAKA RAMNAGARA WOMEN POLICE STATION, RAMANAGARA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. VICTIM BEING MINOR, REP. BY HER GRAND MOTHER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 of 2026 SMT. SANNAMMA W/O LATE BORAIAH AGED ABOUT 64 YEARS, R/AT GARAKAHALLI VILLAGE, VIRUPAKSHIPURA HOBLI, CHNNAPATNA TALUK BANGALORE SOUTH DT. - 562 160. 3. SUDHAMANI W/O LATE SHIVALINGAIAH SUPERINTENDENT, GOVERNMENT GIRLS HOME, SANJEEVINI BADAVANE, BILUGUMBA ROAD, RAMANAGARA TOWN, BENGALURU SOUTH DT. - 562 159. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED 05.10.2026) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.47/2026 (NOW IN SPL.C.NO.100/2026) OF RAMANAGARA WOMEN POLICE STATION, RAMANAGARA DISTRICT REGISTERED FOR THE OFFENCES P/U/S 144(1), 65(1), 351(2) OF BNS, 2023 AND U/S 4, 6 AND 14 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND U/S 66(E) OF INFORMATION TECHNOLOGY ACT, 2008 AND U/S 9 OF IMMORAL TRAFFIC (PREVENTION) ACT, 1956 PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT RAMANAGARA. - 3 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 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 Accused No.4 in Spl.C.No.100/2026 pending before the Court of the I Additional District and Sessions Judge, Ramanagara, arising out of Crime No.47/2026, registered by Ramanagara Women Police Station, Bengaluru South District, for the offences punishable under Section 9 of Immoral Traffic Prevention Act, 1956, Sections 6, 14 and 4 of Protection of Children from Sexual Offences Act, 2012, Section 66(E) of Information Technology Act, 2000 and Sections 65(1), 351(2) and 144(1) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of respondent Nos.1 and 3. Respondent No.2, who is the - 4 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 of 2026 grandmother of the victim girl, though served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.47/2026 was registered by Ramanagara Women Police Station, Bengaluru South District, for the aforesaid offences, against Raju and others, based on the first information dated 23.04.2026 received from respondent No.3. During the course of investigation of the said case, the petitioner was arrested on 17.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.575/2026 was rejected on 20.08.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds of the petition, submits that the allegations found in the charge sheet would go to show that the petitioner was only a customer in the present case. The victim girl was a stranger to him and accused No.2, who is her aunt, had represented to the petitioner - 5 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 of 2026 that the victim was a major. Investigation of the case is now completed. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader, who has opposed the petition submits that the victim girl is a minor and therefore, the charge sheeted offences get attracted against the petitioner, who allegedly had sexual intercourse with the victim girl. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was registered for the aforesaid offences against Raju and five others, based on the first information received from respondent No.3, who had approached the police after enquiring the victim girl based on the credible information received. In the said case, the petitioner, who is arrayed as accused No.4, was arrested and remanded to judicial custody. 7. A reading of the first information as well as the charge sheet filed in the present case would reveal that - 6 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 of 2026 accused No.2-Lakshmi is the aunt of the victim girl, who was staying in her grandmother's house. In the month of March 2025, the victim girl had gone to her aunt's house. It is alleged that accused No.2, who is the aunt of the victim girl, had introduced her to accused No.1-Raju. Subsequently, he had taken the victim girl along with him and made her to consume alcohol. Thereafter, he sexually assaulted her and also recorded the said act in his mobile phone and started threatening the victim girl, stating that he would circulate her private videos in social media. 8. It is further alleged that accused No.2 also threatened the victim girl and thereafter had summoned accused Nos.3 to 6 to her house, who allegedly had sexual intercourse with the victim girl in the house of accused No.2. It is under these circumstances, FIR was registered against accused Nos.1 to 6. 9. During the course of investigation, the statement of accused No.2 has been recorded by the - 7 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 of 2026 Investigation Officer. In the said statement, accused No.2 has stated that, with the intention to gain money by unlawful means, she had suppressed the age of the victim girl and had summoned accused Nos.3 to 6 to her house and after collecting money from them, she had allowed them to have sexual intercourse with the victim girl in her house. 10. The statement of the victim girl under Section 183 of BNSS, 2023, has been recorded by the Jurisdictional Magistrate in the present case on 06.05.2026. Even the said statement corroborates with the confession statement of accused No.2. The victim girl has also stated that subsequently, the wife of accused No.1 had come near her aunt's house and had quarrelled with the victim girl and her aunt for the reason that the victim girl was found roaming with accused No.1. The victim girl has also stated that she is not aware who had filed police complaint in the present case. From the aforesaid, the contention urged by learned advocate that - 8 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 of 2026 the petitioner was a customer with whom the age of the victim girl was suppressed by accused No.2 cannot be simply brushed aside. The petitioner, who has no other criminal antecedents is in custody. Investigation of the case is now completed. 11. Under the circumstances, considering the nature of the allegations found in the FIR as well as the charge sheet against the 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 Spl.C.No.100/2026 pending before the Court of the I Additional District and Sessions Judge, Ramanagara, arising out of Crime No.47/2026, registered by Ramanagara Women Police Station, Bengaluru South - 9 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 of 2026 District, for the offences punishable under Section 9 of Immoral Traffic Prevention Act, 1956, Sections 6, 14 and 4 of Protection of Children from Sexual Offences Act, 2012 and Sections 351(2), 65(1) and 144(1) of BNS 2023, Section 66(E) of Information Technology 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; - 10 - HC-KAR CNR: KAHC010623162026 NC: 2026:KHC:55088 CRL.P No. 13930 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 SHS List No.: 1 Sl No.: 68