- 1 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 249 OF 2026 (U/S 14(A) BETWEEN: NAWAZ KHAN @ NAWAZ KHAN S/O LATE AHAMAD KHAN, AGED ABOUT 24 YEARS, R/AT HULADENAHALLI VILLAGE AND POST, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT- 563137. …APPELLANT (BY SRI. GIRISH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HOSAKOTE P.S. NOW REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU- 560001. 2. CHIKKARAJU S/O LATE BANGEPPA AGE 55 YEARS R/AT KANNURAHALLI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK BENGALURU- 562114 …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1/STATE; R2- SERVED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT, BENGALURU IN CRL.MISC.NO.2538/2025 AND GRANT THE REGULAR BAIL IN SPL.C.C.NO.1052/2025 (CR.NO.237/2025) FOR THE OFFENCES P/U/S 137(2), 64(1) OF BNS ACT AND SEC. 4(2), 6, 12 OF POCSO ACT, AND SEC. 3(1)(W), 3(2)(V) OF SC/ST (POA) ACT WHICH IS PENDING ON THE FILE OF THE HONBLE DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT This appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 ( for short, 'the SC/ST (POA) Act') in Crime No.237/2025 registered by the Hosakote Police Station by the accused, aggrieved by the Order dated 06.01.2026 passed in Criminal Misc. No. 2538/2025 on the file of Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, by which the - 3 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 application filed by the appellant under Section 483 of BNS/ 439 of Cr.PC seeking grant of regular bail in Special Case No. 1052/2025 (arising out of Crime No. 237/2025) has been rejected. 2. Pursuant to a complaint dated 22.08.2025 filed by the father of the victim, a case in Crime No.237/2025 came to be registered under Section 137(2) of Bharatiya Nyaya Sanhita, 2023, (for short, 'BNS, 2023'). A charge sheet has been filed on 5.11.2025 for the offences punishable under Sections 4(2), 6, 12 of Protection of Children From Sexual Offences Act, 2012 (for short "POCSO Act"), and Section 3(1)(w), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Notice to the respondent No.2, though served has not chosen to appear either in person or through her counsel. 4. The contents of the said complaint are that, on 15.08.2025 at about 09.30 a.m., victim girl had been to attend cultural programme organised on the occasion of Independence Day and she had not returned home till 07.00 p.m. The father - 4 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 of the victim girl had made enquiries and since there was no trace of the victim girl, he had lodged a complaint on 22.08.2025. 5. It appears that, the Police had traced the victim girl from Marikamba Snacks Point, situated at the bus stand of Malur town belonging to CW6. According to the statement of CW.6, Victim girl had come to her shop on 06.08.2025 at 06.30 p.m., seeking a place to stay. That on enquiry by CW6, victim girl had stated that she is aged 20 years and she was residing with her relatives in her relatives' house who had subjected her to torture. Considering her plight CW.6 had taken the victim girl to her house and the following day she had asked the mobile number of her relatives to which the victim girl had apparently stated that she did not have any mobile numbers. Accordingly, victim girl continued to stay with CW.6 and was working in her Snacks point shop. Thereafter, on 05.09.2025, the Police had come to CW.6 shop and taken her along with them. That the police had informed CW.6 that she was 17 years of age, belonging to Scheduled Caste community and was in love with - 5 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 the accused and was subjected to sexual assault by the accused. 6. It is based on the said incident she was subjected to medical test. Thereafter, the statement of the victim girl was recorded, wherein, she has stated that the accused-appellant on 15.08.2025 at about 09.30 a.m. had asked her to come to Malur. Thereafter, he had taken her on a motorcycle to Hudadenahalli Village and they stayed in a shed. Since she was minor and had not attained age of 18 years, despite her resistance, the accused-appellant had sexually assaulted her and on the following day, he took her and had left her in a busstand by promising her to marry after she attaining majority. That fearful of reaction by her parents and since the accused had promised her to marry after she attaining age of 18 years, she did not go back to her home and she was working as an assistant in the Snacks point shop of CW6, who had agreed and had allowed her to stay with them between 16.08.2025 to 05.09.2025. Based on the above information, the accused was arrested on 06.09.2025 and since then he is in judicial custody. A charge sheet has been filed on 5.11.2025 for - 6 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 the offences punishable under Sections 4(2), 6, 12 of POCSO Act, and Section 3(1)(w), 3(2)(v) of the SC/ST (POA) Act. 7. Learned counsel for the accused-appellant submits that, the case of the prosecution does not make for any prima facie case involving the offence alleged against the accused- appellant. He submits that though the victim girl stated to have gone missing on 15.08.2025 and was residing with CW.6 up-to 05.09.2025, there has been no incident of accused-appellant visiting or meeting the victim girl during the said period. That the age of the victim girl as on the date of alleged incident was 17 years 10 months. He further submitted that the said aspect has to be established by legally acceptable evidence during the trial. The Police merely have produced school certificate issued by Government Higher Primary School. Wherein, it is indicating the date of birth of the victim girl as 17.10.2007, which requires to be proved during the trial. The medical records are inconclusive. The final FSL report is yet to come. In any event, the victim girl had been examined after 20 days of the alleged incident and seeks that the accused-appellant is ready and - 7 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 willing to abide by any conditions that may be imposed upon him and seeks for granting him the bail. 8. The learned HCGP, on the other hand, submits that the victim girl is aged 17 years 10 months belonging to Scheduled Caste Community and the prosecution has collected prima facie material against the accused-appellant. The medical evidence was collected by the Police also indicate the sexual assault made on the victim girl and that there is every possibility of accused-appellant unduly influencing the witnesses, in the event of his release. Therefore seeks for rejection of the bail application. 9. Heard and perused the records. 10. The age of the victim girl is shown to be of 17 years 10 months. The statement of CW.6. referred to above indicate that the victim girl was working with her from 06.08.2025 to 05.09.2025. Whereas, in the complaint given by the father, it is stated that she is gone missing from 15.08.2025. Even if the statement is taken to be the date on which the victim girl went missing, between 16.08.2025 till 05.09.2025, the victim girl is - 8 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 admittedly residing with the CW.6 and there has been no incident shown of she having any contact with the accused- appellant. Medical evidence collected by the prosecution is still incomplete, requires to be proved during trial. Whether the accused-appellant was aware of Victim girl belonging to SC Community and committed alleged offence is to be ascertained during trial. 11. In any event, charge sheet has been filed, the allegations and the documents produced along with the charge sheet are subject to trial. The accused-appellant is stated to be the permanent resident of the Malur, Kolar District, that in the facts and circumstances of the case, if conditions are imposed, ensuring the appearance of the accused-appellant before the trial Court, the purpose would be served. 12. Therefore, the accused-appellant has established a prima facie case to release him on bail. Accordingly, the following: ORDER (i) Criminal appeal is allowed. - 9 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 (ii) The impugned order dated 06.01.2026 passed by the Court of District and Sessions Judge, FTSC-II, Bengaluru Rural Distict, Bengaluru in Crl. Misc. No.2538/2025 is set aside. (iii) The appellant is directed to be enlarged on bail in Crime No.237/2025 registered by Hosakote Police Station registered for the offences punishable under Section 137(2), 64(1) of Bharatiya Nyaya Sanhita, 2023, Sections 4(2), 6, 12 of POCSO Act, and Section 3(1)(w), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, subject to the following conditions: a) Appellant shall execute personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the jurisdictional Court; b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 10 - HC-KAR NC: 2026:KHC:15367 CRL.A No. 249 of 2026 d) The appellant shall not involve in similar offences in future; e) The appellant shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (M.G.S. KAMAL) JUDGE HR