- 1 - HC-KAR NC: 2026:KHC:15976 CRL.P No. 3406 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 3406 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI ANNEGOWDA S/O BEEREGOWDA, AGAD 38 YEARS HOLENARASIPURA TALUKU, HOLLIMYSORE HOBLI, HAVINAMARANAHALLI, SRAVANUR R.S. HASSAN - 573 211. …PETITIONER (BY SRI. ANANDEESWARA D R.,ADVOCATE) AND: 1. THE STATE BY YELAHANKA NEW TOWN POLICE STATION. REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE. BY SPECIAL PUBLIC PROSECUTOR – 560 001. Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15976 CRL.P No. 3406 of 2026 2. SMT. POORNIMA .S.S. W/O KRISHNA AGED ABOUT 46 YEARS, R/AT NO.25, PLOT NO.3, “C” BLOCK, 2ND CROSS, THIRUMALA NAGAR, ATTURU LAYOUT, YALAHANKA, BANGALORE NORTH, BANGALORE – 560 064. …RESPONDENTS (BY Ms. ASMA KOUSER, LEARNED ADDL. SPP FOR R1 SRI. RANGASWAMY R, LEARNED HCGP FOR R1 RESPONDENT NO.2 PRESENT BEFORE THE COURT) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.50/2026 FOR THE OFFENCES P/U/S 117(2), 115(2), 351(3) OF BNS AND ALSO SECTION 4, 5(m) AND 6 OF POCSO ACT WHICH IS PENDING BEFORE THE HONBLE FTSC-I ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN CRIME NO.50/2026 OF YELAHANKA NEW TOWN POLICE STATION. IN THE INTEREST AND JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:15976 CRL.P No. 3406 of 2026 ORAL ORDER 1. The petitioner/accused is before this Court seeking for grant of regular bail in Crime No.50/2026 of respondent- police for the offences punishable under Sections 117(2), 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Sections, 4, 5(m) and 6 of the Protection of Children From Sexual Offences Act, 2012 (for short, ‘POCSO’). Brief facts of the case: 2. The case of the prosecution is that the mother of the victim lodged a complaint stating that her son was about 9 years old. The complainant had engaged the petitioner, who is an auto-rickshaw driver, to pick up and drop off his son from the school. Her husband died during the COVID-19 pandemic. The petitioners used to give chocolates, sweets and other eatables to her son. Under the said acquaintance, it is alleged that the petitioner had attempted to commit sexual assault on the boy. 3. It is further alleged that on 03.02.2026 at about 04.00 p.m., the petitioner had attacked the victim by beating him and damaged his teeth. As a result of this, the boy has - 4 - HC-KAR NC: 2026:KHC:15976 CRL.P No. 3406 of 2026 sustained grievous injuries. Hence, he was taken to the hospital for treatment. The doctor, after examining the victim, issued a wound certificate. 4. Based on the complaint, the respondent police registered a case in Cr. No.50/2026. The investigation is in progress. 5. Heard Sri. Anandeeeswara D.R., learned counsel for the petitioner, and Ms. Asma Kauser, learned Addl. SPP for respondent No.1 and Sri. Rangaswamy R, learned High Court Government Pleader for respondent No. 1, State. 6. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the petitioner and respondent No. 2 jointly visited various places since 2024, and they were living in the same house. There was a difference of opinion between respondent No. 2 and the petitioner in respect of the marriage. Hence, she has filed a false complaint against the petitioner. The medical reports would indicate only injuries on the forehead and other parts of - 5 - HC-KAR NC: 2026:KHC:15976 CRL.P No. 3406 of 2026 the victim's body. However, there are no injuries found on the private parts. Hence, the provisions under the POCSO would not be attracted to the given set of facts and circumstances. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. He would abide by the conditions imposed by this Court in the event of his release on bail. 7. Per contra, learned Addl. SPP for respondent No.1 submits that the manner in which the petitioner had assaulted the victim - boy and it would indicate the seriousness and gravity of the offences. Respondent No. 2, being a widow, was taking care of her son, who was a school-going child. The petitioner misused the liberty given to him to pick up and drop off the child and committed sexual assault on him, which is heinous in nature. If the petitioner is enlarged on bail, there is a threat to the life of the complainant and also the victim. Hence, it is not appropriate to grant him bail. Making such submissions, the learned Addl. SPP prays to reject the petition. 8. Having heard learned counsel for the respective parties and on perusal of the materials available on record, it would indicate that the learned counsel for the petitioner made - 6 - HC-KAR NC: 2026:KHC:15976 CRL.P No. 3406 of 2026 available certain photographs and WhatsApp chats of respondent No.2 and the petitioner, which would indicate that the petitioner and respondent No. 2 were on good terms since 2024 till filing of the present complaint. The manner in which the allegations made against the petitioner appears to be unnatural and untenable. Considering the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions which would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.50/2026 of respondent-police for the aforesaid offences on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2026:KHC:15976 CRL.P No. 3406 of 2026 (iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall cooperate with the investigation till filing of the final report. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS, List No.: 1 Sl No.: 53