Karnataka High Court
Sri Prajwal vs State Of Karnataka on 12 March, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2026:KHC:14851
CRL.P No. 17616 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 17616 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI PRAJWAL S/O BASAVARAJU,
AGED ABOUT 20 YEARS,
R/AT KEERTHY NAGARA,
MALAVALLI TOWN,
MALAVALLI TALUK,
MANDYA DISTRICT.
...PETITIONER
(BY SRI MANOJ S.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY MALAVALLI TOWN POLICE STATION,
Digitally signed MANDYA DISTRICT,
by SWETA
KULKARNI REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
Location: HIGH
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA
BENGALURU.
2. AYUSHA BANU W/O ABUBUKAR SIDDIQUI,
AGED ABOUT 33 YEARS,
R/A KEERTHINAGARA
MALAVALLI TOWN, MANDYA,
KARNATAKA-574130.
...RESPONDENTS
(BY SRI RAJATH SUBRAMANYA, HCGP FOR R1;
V/O DTD. 27.02.2026 SERVICE OF NOTICE TO R2
IS HELD SUFFICIENT)
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NC: 2026:KHC:14851
CRL.P No. 17616 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO
ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN SPL.C
NO.153/2024 FOR THE OFFENCES PUNISHABLE UNDER
SECTION 323, 354(A), 354(D), 504, 506, 114 AND 376(2)(i)(n)
OF IPC AND SECTIONS 4, 6, 10, 12 AND 17 OF THE POCSO
ACT PENDING BEFORE THE ADDL.DISTRICT AND SESSIONS
JUDGE, FTSC-II, MANDYA ON THE BASIS OF THE FIR
REGISTERED IN CRIME NO.28/2024 UNDER SECTION 323, 324,
354(A), 354(D), 504, 506, 114 AND 376(2)(i)(n) OF IPC AND
SECTIONS 4, 6, 12 AND 17 OF POCSO ACT BY THE
RESPONDENT MALAVALLI TOWN POLICE ON SUCH TERMS AND
CONDITIONS AS DEEMS FIT BY THIS COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in Special Case No.153/2024 pending before the Court of Additional District and Sessions Judge, FTSC-II, Mandya arising out of Crime No.28/2024 registered by Malavalli Town Police Station, Mandya for offences punishable under Sections 323, 324, 354(A), 354(D), 504, 114, 506, 376(2)(i)(n) of Indian Penal Code, 1860 and Sections 4, 6, 10, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 is before this -3- NC: 2026:KHC:14851 CRL.P No. 17616 of 2025 HC-KAR Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court.
3. FIR in Crime No.28/2024 was registered by Malavalli Town Police Station, Mandya against petitioner and others for the aforesaid offences based on the first information dated 29.03.2024 received from respondent No.2 who is the maternal aunt of the victim girl. During the course of investigation, petitioner herein was arrested on 29.03.2024 and subsequently he was remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Criminal Petition No.9012/2024 which was dismissed on 21.11.2024. Subsequently, petitioner had filed a fresh bail application before the Trial Court in Special Case No.153/2024 which -4- NC: 2026:KHC:14851 CRL.P No. 17616 of 2025 HC-KAR was rejected on 25.11.2025. It is under these circumstances, petitioner is before this Court in this successive bail petition.
4. Learned counsel for the petitioner submits that the petitioner is aged about 20 years and is in custody for the last nearly two years. Material charge sheet witnesses have been examined in the present case. Out of the 33 charge sheet witnesses, till date only 2 charge sheet witnesses have been examined. He submits that there is a lot of inconsistency and contradictions in the statement of the material charge sheet witnesses as found in the charge sheet compared to their depositions. He accordingly, prays to allow the petition.
5. Per contra, learned High Court Government Pleader opposed the petition on the ground that material charge sheet witnesses have supported the case of the prosecution. Petitioner along with other accused have committed a heinous crime. Accordingly, he prays to dismiss the petition.
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NC: 2026:KHC:14851 CRL.P No. 17616 of 2025 HC-KAR
6. First information in the present case was submitted by respondent No.2 who is the maternal aunt of the victim girl, who was studying in 10th standard. In the first information it is stated that on 28.03.2024 when the first informant had enquired with her elder sister, who is the mother of the victim girl, about the whereabouts of the victim girl, she was informed by her elder sister that the victim girl had gone to her friend's house for handing over a book. Thereafter, the first informant allegedly went near the house of the victim's friend Ansiya and found that victim's chappal were left outside the house of fourth accused, who is the mother of the petitioner. Therefore, the first informant entered the house of the fourth accused and found that petitioner was inappropriately touching the chest and other parts of the victim girl. Immediately the first informant brought the victim girl to her house and on enquiry the victim girl allegedly had informed her that accused Nos.1 to 3, on various dates, had committed sexual assault on her after threatening her that they would -6- NC: 2026:KHC:14851 CRL.P No. 17616 of 2025 HC-KAR circulate the video which they had in their mobile phone. It is under these circumstances, FIR was registered against the petitioner and four others for the aforesaid offences.
7. The earlier bail application of the petitioner in Criminal Petition No.9012/2024 was dismissed by this Court on 21.11.2024 for the reason that the Trial Court had issued witness summons to CWs-1 and 2, who are the first informant and victim girl respectively, and at that stage if the accused were to be enlarged on bail, the chances of they tampering with the material prosecution witnesses cannot be ruled out. It is now brought to the notice of this Court that CWs-1 and 2 have already been examined. Therefore, the apprehension that the petitioner may tamper with the material charge sheet witnesses is not there. Petitioner who is a youngster aged about 20 years is in judicial custody for the last nearly two years. Out of the 33 charge sheet witnesses cited in the present case, only two charge sheet witnesses namely CWs-1 and -7- NC: 2026:KHC:14851 CRL.P No. 17616 of 2025 HC-KAR 2 have been examined before the Trial Court as on this day. Therefore, chances of the trial being completed and the case being disposed of on merits in the near soon is very remote.
8. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh Vs. State of Maharashtra and another, reported in (2024) 9 SCC 813, wherein, at paragraph No.17, it has observed as under:
"17. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime."
9. Considering the aforesaid aspects of the matter and also the period of petitioner's incarceration, I am of the opinion that without expressing any opinion on the merits or demerits of the case, prayer made by the -8- NC: 2026:KHC:14851 CRL.P No. 17616 of 2025 HC-KAR petitioner for grant of bail is to be answered affirmatively. Accordingly, the following:
ORDER The Criminal Petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.28/2024 of Malavalli Police Station, Mandya district, registered for the offences punishable under Sections 323, 324, 354(A), 354(D), 504, 114, 506 and 376(2)(i)(n) of Indian Penal Code, 1860 and Sections 4, 6, 10, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 pending in Special Case No.153/2024 on the file of the Additional District and Sessions Judge FTSC-II, Mandya subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the -9- NC: 2026:KHC:14851 CRL.P No. 17616 of 2025 HC-KAR Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner 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/-
(S VISHWAJITH SHETTY) JUDGE SWK List No.: 19 Sl No.: 4 CT:PK