Citation : 2026 Latest Caselaw 1619 Kant
Judgement Date : 21 February, 2026
-1-
NC: 2026:KHC:10892
CRL.P No. 59 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 59 OF 2026 (439(Cr.PC) /
483(BNSS)-)
BETWEEN:
MR. ANNAPPA
S/O. RANGAPPA,
AGED ABOUT 27 YEARS,
R/AT. HUGANEKATTE, ODDRAHATTI,
HOLALAKERE TALUK
CHITRADURGA 577 526
PRESENTLY R/ AT ATHURU VILLAGE
NR PURA TALUK
CHIKKAMANGALURU - 577 134.
(THE PETITIONER IS IN JUDICIAL CUSTODY)
...PETITIONER
(BY SRI. K V SATEESHCHANDRA.,ADVOCATE)
AND:
1. STATE BY
INSPECTOR OF POLICE,
HOLEHONNUR POLICE STATION,
HOLEHONNURU HOBLI
Digitally signed by
SHIVAMOGGA - 577 227.
LAKSHMINARAYANA
MURTHY RAJASHRI
REP. BY ITS,
Location: HIGH STATE PUBLIC PROSECUTOR,
COURT OF
KARNATAKA HIGH COURT BUILDING,
BENGALURU 560 001.
2. MR. RANGANATHA,
S/O. MARIYAPPA,
AGED ABOUT 36 YEARS,
R/AT. TATTEHALLI VILLAGE
BHADRAVATHI TALUK,
SHIVAMOGGA - 577 301.
...RESPONDENTS
(BY SRI.M.R.PATIL .,HCGP FOR R-1;
-2-
NC: 2026:KHC:10892
CRL.P No. 59 of 2026
HC-KAR
NOTICE SERVED TO R-2 & UNREPRESENTED)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE
PETITIONER ON BAIL IN CR.NO.277/2025 OF HOLEHONNUR
P.S., (COURT C.R.NO.213/2025) FOR THE ALLEGED OFFENCES
P/U/S 64(2)(m), 87, 3(5) AND SEC. 127(4) OF THE BNS 2023,
AND SEC. 6 AND 17 OF THE PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012 AND SEC. 9 OF THE
PROHIBITION OF CHILD MARRIAGE ACT, 2006, ON THE FILE
OF THE COURT OF THE ADDL. DIST AND SESSIONS JUDGE,
FTSC-I (POCSO) AT SHIVAMOGGA AND DIRECT THE
PETITIONER BE RELEASED ON BAIL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by the sole accused under
Section 483 of BNSS praying to grant bail in Crime No.
277/2025 of Holehonnur Police Station registered for
offence under Section 64(2)(m), 87, 3(5) and 127(4) of
BNS and Sections 6 and 17 of POCSO Act and Section 9 of
Prohibition of Child Marriage Act.
2. Heard learned counsel for petitioner and
learned HCGP for respondent No. 1 - State. Inspite of
NC: 2026:KHC:10892
HC-KAR
service of notice respondent No. 2 remained absent and
unrepresented.
3. Learned counsel for petitioner would contend
that the allegation of having forcible sexual intercourse on
the victim girl is against accused No. 1. The allegation
against this petitioner is that he helped accused No. 1 in
getting accommodation in the house of C.W.4 stating that
they are his relatives. There is no act of sexual assault
alleged against this petitioner. As chargesheet is filed
petitioner is not required for custodial interrogation. With
this he prayed to allow the petition.
4. Per contra, learned HCGP would contend that
chargesheet material show prima facie case against this
petitioner for offence alleged against him. With this he
prayed to reject the petition.
5. As per the case of the prosecution petitioner
has helped accused No. 1 in getting accommodation in the
house of C.W.4 when he brought the victim girl with him
NC: 2026:KHC:10892
HC-KAR
seeking shelter stating that they are his relatives. There is
no allegation against this petitioner of committing any
sexual assault on the victim girl. Said allegation is against
accused No.1. The allegation against this petitioner is that
he abetted and helped accused No. 1 in getting
accommodation. Petitioner is in judicial custody since
17.10.2025 and as chargesheet is filed he is not required
for further custodial interrogation. The offence alleged
against the petitioner is not punishable either with death
or imprisonment for life. There are no criminal antecedents
of the petitioner.
6. Considering the above aspects, petitioner has
made out case for grant of bail with conditions.
In the result, the following
ORDER
Petition is allowed. Petitioner is granted bail in Crime
No. 277/2025 of Honehonnur Police Station subject to
following conditions:
NC: 2026:KHC:10892
HC-KAR
I. Petitioner shall execute a personal bond for a sum of
Rs.1,00,000/- with one surety for the likesum to
satisfaction of jurisdictional Court.
II. Petitioner shall not tamper the prosecution witnesses
either directly or indirectly.
III. Petitioner shall attend the trial Court on all dates of
hearing, unless exempted and cooperate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 63
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