Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:461 CRL.P No. 15666 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15666 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
BHARATH KUMAR S N S/O NARAYANASWAMY SP AGE ABOUT 32 YEARS RESIDING AT, BEHIND OM SHAKTHI TEMPLE 5TH CROSS ATTUR LAYOUT, YELAHANKA BENGLURU – 560 064.
PERMENENT RESIDENT OF, NEAR GUTTA KODIGENAHALLI VILLAGE TUMKURU ROAD, SINGANAHALLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 561 208. …PETITIONER
(BY SRI PRABHAKARA T C, ADVOCATE)
AND:
1.
STATE BY YELAHANKA NEW POLICE STATION REP. BY SR. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGHCOURT BUILDING BENGALURU – 560 001.
2.
POONACHA C J S/O LATE C A GANAPATHI AGE ABOUT 53 YEARS G R ONYX APARTMENT,
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:461 CRL.P No. 15666 of 2025
3/1, 2ND MAINROAD OPP. RAEL WHEEL FACTORY K H B INDUSTRIAL AREA, 4TH STAGE YELAHANKA UPANAGAR BENALURU – 560 064. …RESPONDENTS
(BY SRI MOHD. AYUB ALI, ADDL. SPP FOR R1 R2- SERVED)
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO ENLARGE HIM ON BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 75,76 & 78 OF BNS AND SECTION 12 OF POCSO ACT 2012, REGISTERED BY THE COMPLIANANT POLICE IN CRIME No.159/2025 PENDING ON THE FILE OF FTSC I ADDL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU IN SPL.C.No.1124/2025.
THIS PETITION COMING ON FOR ORDERS THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Spl. Case No. 1124/2025 (Crime No. 159/2025 of Yelahanka New Town Police Station) pending on the file of FTSC-1, Additional City Civil and Sessions Judge, Bengaluru, registered for offences under Sections 75, 76 and 78 of BNS and Section 12 of the POCSO Act.
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HC-KAR NC: 2026:KHC:461 CRL.P No. 15666 of 2025
2. Heard learned counsel for petitioner and the learned Additional SPP for respondent No. 1 - State. Inspite of service of notice, respondent No. 2 remained absent and unrepresented.
3.
Learned counsel for petitioner would contend that the petitioner is in judicial custody since last more than 8 months and as charge sheet is filed, he is not required for further custodial interrogation. Maximum sentence that can be imposed for offence alleged against the petitioner is imprisonment for 3 years. There is delay in lodging the complaint. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that the statement of the victim girl will clearly indicate the act of this petitioner sexually harassing her. Charge sheet material show prima facie case against the petitioner. If the petitioner is granted bail, there are chances of he threatening the prosecution witnesses and
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HC-KAR NC: 2026:KHC:461 CRL.P No. 15666 of 2025
committing similar offences. With this, he prayed to reject the petition. 5. Having heard learned counsel for the petitioner and learned Addl. SPP for respondent No. 1 – State this Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, case of the prosecution is that on 09.04.2025 victim girl, aged about 14 years, got down from the school bus. When she was walking towards her house, petitioner came on his two wheeler following her, in the guise of asking the address talked to the victim girl, lifted her uniform skirt and made a comment. 7. Petitioner is in judicial custody since 19.04.2025 and as charge sheet is filed, he is not required for custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. The apprehension of the prosecution can be met with by imposing stringent conditions. - 5 -
HC-KAR NC: 2026:KHC:461 CRL.P No. 15666 of 2025
8. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 9. In the result is following;
O R D E R
Petition is allowed. The petitioner is granted bail in a Spl.
Case No. 1124/2025 (Crime No. 159/2025 of Yelahanka New Town Police Station) pending on the file of FTSC-1, Additional City Civil and Sessions Judge, Bengaluru, subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. IV. Petitioner shall not involve in commission of any offence. - 6 -
HC-KAR NC: 2026:KHC:461 CRL.P No. 15666 of 2025
V. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 21 Ct.sm