- 1 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17334 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. GOPINATH G L S/O LAKSHMAIAH AGED ABOUT 22 YEARS, R/AT NO. GUNDUMAGERE VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 2. LAKSHMISHA. T. S/O THIMMARAJU AGED ABOUT 23 YEARS, R/AT # GUNDUMAGERE VILLAGE, SASLU HOBLI, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203. …PETITIONERS (BY SRI. MANJUNATH M R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BENGALURU DISTRICT WOMEN P.S, BENGALURU DISTRICT. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001. 2. SMT. CHAYADEVI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 W/O PADMANABHAREDDY AGED ABOUT 42 YEARS, R/AT GUNDUMAGERE VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DIST.-561203. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1, SMT.SPOORTHI COTHA, ADVOCATE FOR RS) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THEM ON BAIL IN CR.NO.263/2025 REGISTERED BY BENGALURU DISTIRCT WOMEN P.S., BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 137(2) OF BNS, UNDER SECTIONS 4(2), 5(L), 5(G), 6, 8, 12 OF POCSO ACT, 2012, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.5 and 6 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.263/2025 of Bengaluru District Women Police Station registered for offences punishable under Sections 4(2), 5(L), 5(G), 6, 8 and 12 of Protection Of Children From Sexual Offences Act, 2012. - 3 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 2. Heard the learned counsel for petitioners, learned High Court Government Pleader for respondent No.1/State and learned counsel for respondent No.2. 3. The learned counsel for petitioners would contend that the investigation is over and charge sheet has been filed. The statement of victim girl has been recorded under Section 183 of BNSS, wherein the allegation against the petitioners/accused Nos.5 and 6 is that they touched the chest of the victim girl when she was studying in 8th Standard. Even column-17 of the charge sheet indicates that the petitioners alleged to have touched the chest of the victim girl when she was studying in 8th Standard. The victim girl when she was studying in 9th Standard, there is allegation against other accused of committing sexual intercourse on her. The allegation made in the charge sheet and the statement of victim only attracts the offence under Sections 8 and 12 of the POCSO Act, 2012 against petitioners. The sentence provided for offence under Section 8 of the POCSO Act, 2012 is - 4 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 imprisonment which may extend to five years and for offence under Section 12 of the POCSO Act, 2012 is imprisonment which may extend to three years. The charge sheet is filed. The petitioners are not required for custodial interrogation. There are no criminal antecedents of the petitioners. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent No.1/State would contend that the victim girl is aged 15 years. The charge sheet materials show a prima facie case against the petitioners for offences alleged against them. If the petitioners are granted bail, there is a threat to the victim girl and other prosecution witnesses. With this, he prays to reject the petition. 5. The learned counsel for respondent No.2 would contend that the complaint has been filed by the mother of the victim girl. The delay in filing the complaint was - 5 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 caused as the victim girl had not narrated the incident to her mother earlier. The mother came to know about the incident only when she took the victim girl to the hospital, where it was revealed that the victim was pregnant for about one and a half months. Now the charge sheet has been filed. If the petitioners are granted bail, there are chances of they intimidating the victim. 6. The learned counsel for respondent No.2 placing reliance on the decision reported in 2026 SCC Online page 43 (x…… -vs- State of Uttar Pradesh and another) would contend that there are multiple perpetrators and post release will give rise to a real and imminent apprehension of intimidation and further trauma on the victim. 7. The learned counsel placing reliance on the decision reported in 2020 SCC Online Bom 3768 (Sadruddin Anwaruddin Ansari -vs- STate of Maharashtra) would contend that even for offence under Section 7, the - 6 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 bail application was rejected, as the victim was aged 14 years 5 months. 8. The learned counsel further relied on the decision reported in 2025 INSC 979 (State of Karnataka - vs- Sri Darshan Etc.) on the point that at the stage of considering the bail application, they should be hold mini- trial. 9. The learned counsel for respondent No.2 submits that the blood samples of victim girl and accused Nos.5 and 6, who are the petitioners herein, along with the other accused, have been collected for DNA testing and sent for DNA examination. With this, she prayed to reject the petition. 10. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. - 7 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 11. The petitioners are arrayed as accused Nos.5 and 6 in the charge sheet. As per column-17 of the charge sheet, the accusation against the petitioners is that when the victim girl was studying in 8th Standard, the petitioners went near the house of CW2 and took her to a fallen house and touched her body and committed sexual assault. The statement of victim girl has been recorded under Section 183 of BNSS, wherein she has stated that when she was studying in 8th Standard, the petitioners/accused Nos.5 and 6 and another touched her chest. She has stated that when she was studying in 10th Standard, she had physical contact with accused No.2 and juvenile accused No.3. The said aspect indicates that the allegation against the petitioners/accused Nos.5 and 6 is two years prior to the incident alleged against accused No.2 and juvenile accused No.3. There is no other allegation against the petitioners subsequently. - 8 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 12. Considering the accusation levelled against the petitioners in the charge sheet, the offences which attract are Section 8 and Section 12 of the POCSO Act, 2012. 13. Section 8 of POCSO Act, 2012 provides punishment of imprisonment which shall not be less than three years and which may extend to five years. The punishment for offence under Section 12 of POCSO Act, 2012 is imprisonment for a term which may extend to three years. 14. The petitioners are in judicial custody since 17.11.2025 and as the charge sheet is filed, they are not required for any further custodial interrogation. There are no criminal antecedents of the petitioners. The apprehension of respondent No.2 can be met with by imposing suitable conditions. 15. Considering the above aspects, the petitioners have made out a case for grant of bail for offence under Sections 8 and 12 of POCSO Act subject to conditions. - 9 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 In the result, the following: ORDER i) The petition is allowed. ii) The petitioners are granted bail in Crime No.263/2025 of Bengaluru District Women Police Station only insofar as the offences punishable under Sections 8 and 12 of POCSO Act, 2012 subject to following conditions. a) The petitioners shall execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioners shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioners shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. d) The petitioners shall not enter the village in which the victim girl is residing till case registered against them is disposed of. - 10 - HC-KAR NC: 2026:KHC:6160 CRL.P No. 17334 of 2025 On receipt of DNA report, if the petitioners are found involved in committing offence under Sections 4 and 6 of POCSO Act, 2012 the petitioners shall seek grant of bail for those offences by surrendering themselves before the Trial Court. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 18