- 1 - HC-KAR NC: 2026:KHC:4891 CRL.P No. 17348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17348 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI.THIRUMALESHA M S/O. MUNISHAMAPPA AGED ABOUT 43 YEARS R/O. SHETTIHALLI VILLAGE CHINTAMANI TALUK MURGUMALA POST CHIKKABALLAPURA DISTRICT PIN-563 146. …PETITIONER BY SRI BASAVARAJU P, ADVOCATE) AND: 1. STATE OF KARNATAKA STATION HOUSE OFFICER OF KENCHARLHALLI POLICE STATION CHIKKABALLAPURA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SUGUNA W/O. VISHWANATH AGED ABOUT 28 YEARS R/OF DODDAKARAKAMAKALAHALLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4891 CRL.P No. 17348 of 2025 CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT PIN-563 125. …RESPONDENTS (BY SRI HARISH GANAPATHY, HCGP FOR R1 R2- SERVED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL, IN CONNECTION WITH CR.No.97/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 352, 351(2) OF BNS 2023 AND SECTION 8 AND 12 PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT, 2012 AND CHARGESHEET HAS BEEN FILED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 65(1), 126(2), 351(2), 352, 329(4) OF BNS 2023 AND SEC.4(2), 8 AND 12 OF POCSO ACT IN SPL.SC.No.106/2025. 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 accused No. 2 under Section 483 of BNSS praying to grant bail in Crime No. 97/2025 of Kencharlahalli Police Station pending in S.C. No. 106/2025 on the file of Additional District and Sessions Judge, FTSC-1 (POCSO), Chikkaballapura, registered for offence under Sections 65(1), 126(2), - 3 - HC-KAR NC: 2026:KHC:4891 CRL.P No. 17348 of 2025 351(2), 352, 329 of BNS and Sections 4, 8 and 12 of POCSO Act. 2. Heard learned counsel for petitioner and learned HCGP for respondent No. 1 - State. In spite of service of notice, respondent No. 2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that initially case was registered against this petitioner alone and subsequently after investigation charge sheet has been filed against two persons wherein petitioner has been arraigned as accused No. 2. Allegation against the petitioner is that he trespassed into the house of the victim girl on 07.05.2025, held her hand and sexually assaulted her. Statement of the victim girl has been recorded under Section 183 of BNSS and also by the CDPO. There is no allegation against the petitioner of having sexual intercourse with the victim girl. Said allegation is against accused No. 1. Offence alleged - 4 - HC-KAR NC: 2026:KHC:4891 CRL.P No. 17348 of 2025 against the petitioner under Section 8 of POCSO Act is provided with punishment of imprisonment which shall not be less than 3 years but which may extend upto 5 years. Petitioner is in judicial custody since 08.06.2025 and as charge sheet is filed he is not required for further custodial interrogation. There was a loan transaction between adoptive parents of the victim girl and the petitioner and when petitioner insisted the adoptive parents of the victim girl to repay the loan amount, a false complaint has been filed against him. With this, he prayed to allow the petition. 4. Per contra learned HCGP would contend that on 07.05.2025 petitioner trespassed into the house of the victim girl, held her hand, forced her to have sexual intercourse and sexually assaulted her. Charge sheet material makes out a prima facie case against the petitioner for offence alleged against him. Offence alleged against the petitioner is provided with imprisonment which - 5 - HC-KAR NC: 2026:KHC:4891 CRL.P No. 17348 of 2025 may extend to 5 years. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties this Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the allegation against the petitioner is that on 07.05.2025, he entered the house of the victim girl, held her hand, told her that he is liking her, forced her for sex, tried to remove her clothes and when she screamed, he ran away. There is no allegation against the petitioner of having sexual intercourse on the victim girl. Said allegation is against accused No. 1. Punishment provided for offence alleged against the petitioner under Section 8 of POCSO Act is imprisonment for 3 years, which may extend to 5 years. Petitioner is in judicial custody since 08.06.2025 and as charge sheet is filed he is not required for further custodial interrogation. Statement of the victim girl has already been recorded - 6 - HC-KAR NC: 2026:KHC:4891 CRL.P No. 17348 of 2025 under Section 183 of BNSS wherein there is no allegation of any sexual intercourse between petitioner and the victim girl. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, petitioner has made out case for grant of bail with conditions. 8. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in Crime No. 97/2025 of Kencharlahalli Police Station pending in S.C. No. 106/2025 on the file of Additional District and Sessions Judge, FTSC-1 (POCSO), Chikkaballapura subject to following conditions. I. Petitioner shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2026:KHC:4891 CRL.P No. 17348 of 2025 III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 11 Ct.sm