Karnataka High Court
Hriday Shankar vs State Of Karnataka on 9 March, 2026
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NC: 2026:KHC:14093
CRL.P No. 1046 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 1046 OF 2026 (439(Cr.PC) /
483(BNSS)
BETWEEN:
1. HRIDAY SHANKAR
S/O ANIL SHANKAR,
AGED ABOUT 21 YEARS,
R/AT #B-22,
THE SUMMIT, SANKEY ROAD,
HIGH GROUNDS,
BENGALURU - 560 001
...PETITIONER
Digitally (BY SRI. NISHIT KUMAR SHETTY.,ADVOCATE)
signed by
SREEDHARAN
BANGALORE AND:
SUSHMA
LAKSHMI
Location: High 1. STATE OF KARNATAKA
Court of
Karnataka BY HIGH GROUNDS POLICE STATION
BANGALORE
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
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NC: 2026:KHC:14093
CRL.P No. 1046 of 2026
HC-KAR
2. ANNIE PRIYA CYRIAC,
W/O SACHIN RAMAN,
AGED 50 YEARS,
R/AT. 2017, EMBASSY,
HABITAT 59, PALACE ROAD,
BENGALURU CITY - 560 051
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.250/2025 OF HIGH
GROUND POLICE STATION FOR THE OFFENCE P/U/S 3, 4 OF
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT
2012 (POCSO ACT) AND U/S 70(2) OF THE BNS 2023 ON THE
FILE OF THE ADDL.CITY CIVIL AND SESSIONS JUDGE
(FTSC-IV) BENGALURU.THE ADDL.CITY CIVIL AND SESSIONS
JUDGE, FTSC-IV BENGALURU, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:14093
CRL.P No. 1046 of 2026
HC-KAR
ORAL ORDER
1. This petition is filed by the petitioner who is arrayed as accused No.2 in Crime No.0250/2025 filed by the respondent - Police for the offences punishable under Section 3 and 4 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO) and under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS).
Factual matrix of the case:
2. The case of the prosecution is that the daughter of the complainant was taken to St. John's Hospital on 10.12.2025 for psychiatric counseling. The victim had stated in her statement before the Doctor that accused No.1 namely Aaryan Santosh who was resident of an apartment in the same complex and the victim knows him since 2023 and both were chatting through messages. On 29.04.2024, she had been to his house voluntarily and had sexual intercourse with him on consent. Thereafter, accused No.1 on every weekend used to call the victim -4- NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR and he was having sexual intercourse with her. According to the statement of the victim, the same was being continued since one and a half years.
3. On 24.10.2025, accused No.1 invited her to his house on account of his birthday, there were 20 friends gathered in the said birthday party. It was extended till early morning 4.00 a.m. Four persons including the present petitioners were sleeping in the said house with accused No.1.
4. It is further stated that accused No.1 and petitioner herein had committed sexual intercourse with her. It is further stated that though she resisted the said act, they scolded her that there was no choice for her, except co-operating with them for sexual intercourse. Again, accused Nos.1 and 2 took her to the bathroom, there also they had committed sexual assault with the victim and also they were calling her in a filthy language. Till 7:00 am in the morning the victim had been subjected -5- NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR to sexual assault by two accused persons. However, she woke up at 10.00 am in the morning and went to her house.
5. On 10.12.2025, she had narrated the said incident of sexual assault before the Doctor at St. John's Hospital. A complaint came to be registered against the present petitioner and accused No.1. Based on the said information, an F.I.R came to be registered against the accused Nos.1 and 2. After the investigation charge-sheet came to be filed against the petitioner and another accused person.
6. Heard Sri. Sandesh J. Chouta, learned Senior Counsel appearing for Sri. Nishit Kumar Shetty, learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent No.1 and Sri. Amar Correa, learned counsel for respondent No.2.
7. Learned Senior Counsel for the petitioner vehemently submitted that the petitioner is innocent of the -6- NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR alleged offences and he has been falsely implicated in this case. Though, it is alleged that it is a gang rape, the fact remains that, the victim had been to the house of accused No.1 on account of his birthday celebration. The birthday was celebrated till 4.00 a.m., on 25.01.2025. Thereafter, she had been subject sexual assault by the accused No.1 and the petitioner. However, the said fact has been disclosed before the Doctor on 27.12.2025.
8. Learned Senior Counsel further submitted that the investigation has been completed, the age of the victim is 17 years. Though, it is alleged that both the petitioner and accused No.1 had committed sexual assault on the victim, the fact remains that, the medical report would indicate that there is no signs of use of force. Hence, the petitioner may be enlarged on bail by considering the age and also in the interest of his career. Making such submissions, learned Senior Counsel for the petitioner prays to allow the petition. -7-
NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR
9. Per Contra, learned counsel Sri. Amar Correa for respondent No.2 vehemently submitted that the manner in which the victim had been subjected to sexual assault in the house of accused No.1 is highly unpardonable and it is considered as a scar in her life. Though, there is a delay in lodging the complaint, that cannot be the crucial factor to ignore the incident.
10. It is further submitted that there is consistent threat by accused No.1 that she should not disclose the fact of sexual assault to anybody. Moreover, the accused No.1 was residing in the same apartment and he had been assaulting the victim sexually since one and a half years.
11. It is further submitted that women and children are not easy virtue of sexual assault. The petitioner being a younger generation was not going in a proper way. The manner in which he has committed sexual assault and degraded the young girl during odd hours would indicate -8- NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR that the petitioner had animus in his mind to commit the beast act.
12. It is further submitted that the statement of the victim made before the learned Magistrate under Section 164 of Cr.P.C would indicate that she has supported her case. In fact, she was addicted to consuming alcohol and smoking cigarette after the incident. Her life has been spoiled by the petitioner and others. Therefore, it is appropriate to reject the bail petition. Making such submissions, learned counsel for respondent No.2 prays to reject the petition.
13. In support of his contentions learned counsel relied on the judgments of Hon'ble Supreme Court and also the Co-ordinate Bench of this Court and also other High Courts.
14. Learned High Court Government Pleader for respondent No.1 adopted the arguments advance by the -9- NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR learned counsel for the respondent No.2 and prays to reject the bail petition.
15. Heard learned counsel for the respective parties and perused the averments of the complaint. The facts of the case would indicate that accused No.1 and the victim were the residents of the same apartment and was residing in different flats. Accused No.2/petitioner herein is the friend of accused No.1 and he used to visit the house accused No.1 often. On 25.10.2025, the birthday celebration of accused No.1 was arranged. Accused No.1 had invited all his friends including the victim. The celebration was held till 4.00 a.m. All the friends had gone to their respective houses. However, four accused persons slept along with accused No.1 in his house. When the victim was about to leave to her house, she was asked to come back and stay with him. When she came back, it is stated that she had been subjected to sexual assault by the petitioner and accused No.1 against her will. She had been abused not only sexually, but also, verbally in a rude
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NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR manner by using filthy language. The way in which the petitioner and another had behaved with her, was so horrible and she could not withstand such humiliation.
16. Be that as it may, the alleged incident had occurred in the house of accused No.1, she had been to the house of accused No.1 to celebrate his birthday. Though, it is stated that she had been subjected to sexual assault on 24.10.2025, the fact remains that she did not disclose the said fact either to her mother or any of the family members, till she was taken to St. John's Hospital for psychiatric evaluation. However, the fact of sexual assault had been disclosed on 27.12.2025 to the Doctor.
17. The history of the case summary of St. John's Medical Hospital would indicate that the patient has history of nicotine use since the age of 13 years, with increase in use since the past one year characterized by craving, loss of control, tolerance and withdrawal symptoms of irritability. Average use of 2-3 cigarettes per day. History
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NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR of cannabis use since the past eight months. Average use of 1-2 joints per months, last use 01.12.2025. History of alcohol use average use 2-3 units per day every weekend, last use one week prior to admission.
18. On considering the said aspects and also the delay in lodging the complaint, it is appropriate to grant bail by imposing suitable conditions.
19. Hence, I proceed to pass the following:
ORDER
1. This Criminal Petition is allowed.
2. The petitioner is ordered to be enlarged on bail in Crime No.0250/2025 filed by the respondent - Police for the offences punishable under Section 3 and 4 of POCSO Act, 2012 and under Section 70(2) of the BNS., on executing personal bond for a sum of Rs.1,00,000/- with
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NC: 2026:KHC:14093 CRL.P No. 1046 of 2026 HC-KAR one (01) surety for the like sum to the satisfaction of the Trial Court.
3. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.
4. The petitioner shall appear before the Trial Court on all hearing dates, without fail.
5. The petitioner shall not involve in any criminal cases till disposal of the case. In case, if, the petitioner violates any of the bail conditions stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/-
(S RACHAIAH) JUDGE NM