- 1 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 268 OF 2026 (U/S 14(A) (2)) BETWEEN: SRI PAWANAKUMAR S/O KARIBASAPPA AGED ABOUT 19 YEARS R/AT 8TH CROSS, PUMPHOUSE KERI, SHIRALKOPPA TOWN, SHIKARIPURA TALUK, SHIVAMOGGA-577428. …APPELLANT (BY SRI. KUMARA K G.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIRALKOPPA POLICE STATION, SHIVAMOGGA DISTRICT-577205 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU-560001). 2. SMT. RADHA W/O ANILKUMAR AGED ABOUT 39 YEARS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 R/AT SHIRALAKOPPA TOWN, SHIKARIPURA TALUK, SHIVAMOGGA- 577428. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R1; R2 SERVED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED 08.01.2026 PASSED IN SPL.C.NO.365/2025 ON THE FILE OF THE HONBLE ADDL. DISTRICT & SESSIONS JUDGE, FTSC-1(POCSO), SHIVAMOGGA; B. GRANT BAIL TO THE APPELLANT IN CR.NO.260/2025 OF SHIRALKOPPA POCLIE STATION, NOW PENDING IN SPL.C.NO.365/2025, OF THE ADDL. DISTRICT & SESSIONS JUDGE, FTSC-1(POCSO) SHIVAMOGGA, FOR THE OFFENCE PUNISHABLE UNDER FOR OFFENCE UNDER SECTIONS 137(2), 87, 65(1), 127(3) OF BHARATHIYA NYAYA SANHITA AND UNDER SECTION 6, 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AND SECTION 3(1)(w)(i) (ii), 3(2)(va) OF SCHEDULED CASTE AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 (FOR SHORT SC & ST (POA) ACT), BY IMPOSING ANY CONDITION OR CONDITIONS AS THE HONBLE COURT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT This appeal by accused No.2 in Crime No.260/2025 registered in Shiralakoppa Police Station for the offences punishable under Sections 137(2), 87, 65(1), 127(3) of Bharathiya Nyaya Sanhita [BNS], and under sections 6, 17 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i)(ii), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 1989, being aggrieved by the order dated 08.01.2026 passed by the Additional District and Sessions Judge FTSC-I [POCSO], Shivamogga, by which the application filed by the accused No.2/appellant herein under Section 483 of BNSS has been rejected. 2. The case of the prosecution is that a complaint was filed by one Radha, the second respondent herein, being the mother of the victim, alleging that on - 4 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 08.10.2025 the victim girl had left home at 07.30am on the pretext of getting puliyogare but did not return. Despite search and enquiry there was no clue of her whereabouts. Accordingly, a complaint was filed before the respondent-police seeking their assistance in finding her. Based on the said complaint, a case was registered in Crime No.260/2025 initially for the offence punishable under Section 137[2] of BNS. 3. Charge sheet produced along with the appeal indicates that on 08.10.2025, accused No.1 and accused No.2, both belonging to Veerashaiva Community, along with a child in conflict with law, belonging to Bhovi Community, accused No. 4 belonging to Vokkaliga community, had taken the victim girl in an Omni car and had dropped her at Ranebennur railway station. Thereafter, accused No.1 and the victim girl had gone to the house of accused No.4 near Golden Valley School at Andhrahalli, Bengaluru and stayed in a room from - 5 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 09.10.2025 to 17.10.2025. It is further alleged that accused No.1 had forcible sexual intercourse with the victim girl. Thus, it is alleged that accused No.4 facilitated accused No.1 by sheltering him in commission of the offence. Charge sheet is accordingly filed for the offences noted above. 4. The learned counsel for the appellant, taking this Court through the records, submits that the only allegation against accused No.2/ appellant herein is that he had accompanied accused No.1 and the victim girl till the railway station. Except this, there is no other allegation against accused No.2/Appellant in the charge sheet. He also furnished a copy of the statement of the victim girl recorded under Section 183 of the BNSS [164 of CrPC] and submits that the victim girl has not made any allegation against anyone much less accused No.2 herein of commission of any offence. - 6 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 5. He further submits that the victim was aged above 17 years at the time of alleged incident and she has disclosed the fact of she being in love with accused No.1 and voluntarily going away from her place of residence. He further submits that neither in the complaint nor in the statement recorded under Section 183 BNSS is there any allegation against the accused No.2/ appellant herein and it is only in the charge sheet there upto is a reference of he allegedly accompanying them upto the railway station. He submits that the accused is pursuing his studies in graduation, that he has been in custody since 21.10.2025 and therefore seeks for allowing of the appeal. 6. Though notice was issued to the de facto complainant, the mother of the victim, which is duly served as per the report dated 23.03.2026 furnished by the HCGP, there is no representation/appearance of the de facto complainant/respondent No.2. - 7 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 7. The learned HCGP, on other hand, submits that the accused Nos.1 to 4 had taken the victim girl in a car, which act amounted to kidnapping and accused No.1 had taken the victim girl to a place in Bengaluru and had stayed with her between 09.10.2025 and 17.10.2025 and had forcible intercourse, which clearly comes within the purview of the offences alleged. As such, he submits that the appellant is not entitled for bail. 8. Heard. Perused records. 9. The contents of the complaint filed by the mother of the victim as already noted above is only with regard to victim girl leaving the home on 08.10.2025 and not returning. There is no allegation against anyone whomsoever. The statement recorded under Section 183 of BNSS on 28.10.2025 reads as under: - 8 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 "(
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ೆ. ೇ3 ೆಯನು ಾಲೆ ಓ= ೇ3, ಆ ೆ ೇ3 ಸ0 ಇ(ೆ ಎಂದು ಒQhರು<ಾ#ೆ." 10. The victim girl has deposed before the Magistrate of she voluntarily going with accused No.1 and she has not alleged anything even against accused No.1 and there is no whisper about accused No.2. It is only in the charge sheet, in Column No.17, there is allegation of accused No.2 along with the child in conflict with law accompanying accused No.1 and the victim girl to the Rane Bennur Railway station. There is no prima facie material of commission of offence by accused No.2 as depicted in Column No.17 of the charge sheet. The allegation against the Accused No.2/Appellant of he - 10 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 accompanying Accused No.1 and victim girl to the Railway Station is required to be proved during the trial. 11. Accused No.2/appellant is stated to be hailing from agricultural family pursuing his studies and he is just aged about 19 years and he does not have any criminal antecedents. The victim girl is stated to be aged about 17 years. In the circumstances, this Court deems it appropriate to allow the appeal. Accordingly, the following: ORDER [i] The appeal is allowed. [ii] The order passed by the Additional District and Sessions Judge FTSC-I [POCSO], Shivamogga dated 08.01.2026 in SPL.C.NO.365/2025 is set aside. [iii] Accused No.2/appellant shall be enlarged on bail forthwith in Crime No.260/2025 registered before Shiralakoppa Police Station, Shivamogga District, for - 11 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 the offences punishable under Sections 137(2), 87, 65(1), 127(3) of Bharathiya Nyaya Sanhita, Sections 6, 17 of Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(w)(i)(ii), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, subject to the following conditions: (a) Accused/Appellant shall execute a personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the likesum, to the satisfaction of the jurisdictional Court; (b) Accused/Appellant shall appear regularly on all dates of hearing before Trial Court unless Trial Court exempts his appearance for valid reasons. (c) Accused/Appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) Accused/Appellant shall not involve in similar offences in future; - 12 - HC-KAR NC: 2026:KHC:20069 CRL.A No. 268 of 2026 (e) Accused/Appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. (f) Communicate copy of this order to the trial Court and concerned Prison authorities forthwith. SD/- (M.G.S. KAMAL) JUDGE NV