- 1 - HC-KAR NC: 2026:KHC:21004 CRL.P No. 2913 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2913 OF 2026 (439(Cr.PC)/483(BNSS)) BETWEEN: THIPPE SWAMY, S/O PUTTALINGAPPA, AGED ABOUT 43 YEARS, RESIDING AT HOSAHALLI, HULIKUNTE HOBLI, SIRA TALUK, TUMKUR DISTRICT - 572 137. …PETITIONER (BY SRI. A.N. RADHA KRISHNA., ADVOCATE) AND: 1. STATE OF KARNATAKA PEENYA POLICE, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21004 CRL.P No. 2913 of 2026 2. SMT. GEETHA, W/O BASAVARAJU, AGED ABOUT 28 YEARS, RESIDING AT NO.3, 11TH CROSS, NEAR USHA PRINTERS, CHOKKASANDRA, BENGALURU CITY - 560 057. …RESPONDENTS (BY SRI. HARISH GANAPATHY., HCGP FOR R1 R2 IS SERVED AND UNREPRESENTED.) ---- THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE HIM ON BAIL IN CRI.NO.707/2025 OF PEENYA POLICE, FOR OFFENCES PUNISHABLE UNDER SECTIONS.8 AND 12 OF POCSO ACT, AND UNDER SECTION.251 OF BNS 2023, NOW PENDING ON THE FILE OF FTSC-I, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21004 CRL.P No. 2913 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This criminal petition is filed by the petitioner who is arrayed as accused No.1 in Crime No.707/2025 filed by the respondent - Police for the offences punishable under Section 8, 9(m) and 10 of Protection of Children From Sexual Offences Act, 2012 (for short POCSO) and 251 of Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case on the prosecution is that the mother of the victim had lodged a complaint stating that she was doing household work and her husband is a security supervisor. The victim girl is her daughter aged about 09 years and the victim was studying III Std. It is further stated that every day the complainant used to go to work at 09.00 a.m. and return around 04.30 p.m to 05.00 p.m. Her children used to return from the school around 04.30 - 4 - HC-KAR NC: 2026:KHC:21004 CRL.P No. 2913 of 2026 p.m. It is further stated that the complainant has noticed Rs.20/- in the hand of her daughter and asked her who had given the said amount. At that time, her daughter started weeping. On enquiry, the victim told that the petitioner had given the said amount and also touched her chest and gave a kiss etc. She lodged a complaint before the respondent-Police. On the basis of the said information, the complainant has lodged a complaint. Based on the complaint the respondent-Police have registered a case and conducted investigation and submitted the charge-sheet. 3. Heard Sri. A.N. Radhakrishna, learned counsel for the petitioner and Sri. Harish Ganapathy, learned High Court Government Pleader for respondent. 4. The submission of learned counsel for the petitioner is that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the petitioner had no intention to commit any sexual - 5 - HC-KAR NC: 2026:KHC:21004 CRL.P No. 2913 of 2026 assault on the victim and he was treating the victim as his daughter. Merely, because he gave Rs.20/- to the victim to take chocolates would not attract any of the provisions under the POCSO Act. 5. It is further submitted that the complainant has been misled by the narration of facts by the victim. The petitioner is aged about 43 years and a resident of Tumkur District and he is an earning member of the family. The petitioner is in judicial custody since 30.01.2026. The petitioner will abide by the conditions to be imposed by this Court in the event of his release and bail. Making such submission learned counsel for the petitioner prays to allow the petition. 6. Per Contra, learned High Court Government Pleader for respondent - State vehemently submitted that the age of the victim is 09 years. She had narrated the incident of assault committed to her by the petitioner with her mother. Immediately, after the incident the - 6 - HC-KAR NC: 2026:KHC:21004 CRL.P No. 2913 of 2026 complainant had lodged a complaint before the respondent - Police. Hence, it is not appropriate to grant any relief as prayed for. Making such submission learned High Court Government Pleader for respondent - State prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint. The alleged incident had taken place on 04.12.2025. However, complaint came to be registered on 08.12.2025. There is a delay of four days in lodging the complaint. The delay has not been explained properly. Moreover, the alleged offence committed by the petitioner is under Section 8 and 12 of the POCSO Act. Considering the nature and gravity of the offence, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. Hence I proceed to pass the following: - 7 - HC-KAR NC: 2026:KHC:21004 CRL.P No. 2913 of 2026 ORDER i. The petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime No.707/2025 filed by the respondent - Police for the offences punishable under Section 8, 9(m) and 10 of POCSO Act, 2012, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one (01) surety for the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper with 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:21004 CRL.P No. 2913 of 2026 In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM