- 1 - HC-KAR NC: 2026:KHC:16348 CRL.P No. 2706 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2706 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: SRI. NAGESH, S/O ERAPPA, AGED ABOUT 36 YEARS, R/A JANGAMAKOTE VILLAGE, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 102. …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SIDLAGHATTA RURAL POLICE STATION, CHIKKABALLAPUR. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16348 CRL.P No. 2706 of 2026 2. XXX VICTIM, AGED ABOUT 17 YEARS, SINCE MINOR, REPRESENTED BY HER FATHER SRI. MUNIRAJU, S/O CHIKKA MUNISHAMAPPA, AGED ABOUT 51 YEARS, R/AT JANGAMAKOTE VILLAGE, SIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 102. …RESPONDENTS (BY SMT. ASMA KOUSER.,ADVOCATE) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.21/2026 OF SIDLAGHATTA RURAL P.S. CHIKKABALLPURA DISTRICT (1ST RESPONDENT HEREIN) WHICH IS NOW PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) CHIKKABALLAPURA FOR THE OFFENCE P/U/S 64(1),64(2)(m),127(3),137(2) OF BNSS 2023 AND SEC.5(L),6 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT IN THE INTEREST OF JUSTICE. THIS CRL.P, 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:16348 CRL.P No. 2706 of 2026 ORAL ORDER 1. The petitioner/accused is before this Court seeking the grant of regular bail in Crime No.21/2026 of the respondent police for the offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that a complaint was registered by one Muniraju, stating that he was working as a mason in construction work. He was living with his family. He had lost his wife 12 years ago. He lodged a complaint before the respondent - police, stating that his daughter Chaitra was found missing from his house on 30.12.2025. The respondent police have registered a case on 24.01.2026. During the investigation, they secured the presence of the victim and recorded their statement. As per the statement of the victim, she got acquainted with the petitioner, who is also a resident of the same village. Both of them had developed intimacy. 3. It is further stated that the petitioner brought a mobile to the victim, and they were talking with each other in - 4 - HC-KAR NC: 2026:KHC:16348 CRL.P No. 2706 of 2026 the said mobile. Further, it is stated that on 30.12.2025, around 01.00 p.m., both of them met near Eswara Temple. Thereafter, they went to Ghati Subramanya Temple, where he married her. Then, both of them went to Dharmasthala. After they visited Dharmasthala, they came back to Bengaluru and stayed in the house of the sister of the petitioner. It is alleged that the petitioner had committed sexual assault on her. 4. It is further stated that when the victim was staying with said Nagesh in his sister's house, the petitioner Nagesh had received information from his friends that a complaint had been lodged by the father of the victim. Immediately, the petitioner brought her back to Shidlaghatta. There, the police have secured the presence of the victim and handed her over to Balamandira. Hence, the complaint. The respondent-Police registered the case, and the investigation is in progress. 5. Heard Sri. Devendra N., learned counsel for the petitioner and Ms. Asma Kouser, learned Addl. SPP for respondent No.1-State. 6. It is the submission of learned counsel for the petitioner that the victim had discontinued her studies after - 5 - HC-KAR NC: 2026:KHC:16348 CRL.P No. 2706 of 2026 SSLC, and she was staying at home. In fact, the age of the victim has not been disclosed properly to the petitioner. The victim voluntarily accompanied the petitioner. Both the victim and the petitioner went to the Ghati Subramanya temple, where he married her. After the marriage, both the victim and the petitioner had been to Dharmasthala. Again, they came back to Bengaluru, and they were staying with the sister of the petitioner. 7. It is further submitted that the petitioners, after coming to know that the victim had not completed 18 years, immediately brought her back and requested her to go to her place. It is further submitted that the alleged incident of kidnapping had taken place on 30.12.2015. However, a complaint was registered on 24.01.2026. There is a delay in lodging the complaint. Moreover, the petitioner has been misled into believing that the victim has completed 18 years. The petitioner is the earning member of the family, and he will abide by the conditions imposed by this Court in the event of his release on bail. Hence, the petitioner may be enlarged on bail. Making such submissions, he prays to allow the petition. - 6 - HC-KAR NC: 2026:KHC:16348 CRL.P No. 2706 of 2026 8. Per contra, learned High Court Government Pleader for respondent No.1-State vehemently submitted that the petitioner has committed sexual assault on a minor girl, which is detrimental to society at large. Hence, it is not appropriate to grant him bail. Making such submissions, she prays to reject the petition. 9. Heard the learned counsel for the respective parties and perused the averments of the complaint and statement of the victim. A missing complaint was registered by the complainant, who is the father of the victim, on 24.01.2026, stating that his daughter had been kidnapped on 30.12.2025. However, the statement of the victim would indicate that she had voluntarily accompanied the petitioner and went along with him to different places. Thereafter, they came back to Bengaluru and stayed in the house of the sister of the petitioner. Though it is alleged that she had been subjected to sexual assault in the said house, the fact remained that the petitioner had been misled into believing that the victim had completed 18 years. Having considered the said aspect, it is appropriate to grant the relief as prayed for, - 7 - HC-KAR NC: 2026:KHC:16348 CRL.P No. 2706 of 2026 10. 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.21/2026 of respondent-police for the offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (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 not indulge in any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2026:KHC:16348 CRL.P No. 2706 of 2026 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 NR/- List No.: 1 Sl No.: 44 CT:VK