Rakesh vs The State Of Karnataka
2026 Latest Caselaw 1925 Kant

Citation : 2026 Latest Caselaw 1925 Kant
Judgement Date : 27 February, 2026

[Cites 5, Cited by 0]

Karnataka High Court

Rakesh vs The State Of Karnataka on 27 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                 -1-
                                                             NC: 2026:KHC:12260
                                                          CRL.P No. 256 of 2026


                      HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 27TH DAY OF FEBRUARY, 2026

                                              BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                       CRIMINAL PETITION NO. 256 OF 2026 (439(Cr.PC)
                                           / 483(BNSS))
                      BETWEEN:

                      1.   RAKESH
                           S/O CHANDRA NAIK,
                           AGED ABOUT 19 YEARS,
                           R/AT NO.126/16, 6TH CROSS,
                           KADIRAPPA ROAD, COX TOWN,
                           BENGALURU-560005
                                                                  ...PETITIONER
                      (BY SRI. S.G RAJENDRA REDDY., ADVOCATE
                      FOR SRI GOUTHAM M.,ADVOCATE)

                      AND:


                      1.   THE STATE OF KARNATAKA
                           BANGARPET POLICE STATION,
Digitally signed by
LAKSHMINARAYANA            REPRESENTED BY
MURTHY RAJASHRI            STATE PUBLIC PROSECUTOR,
Location: HIGH
COURT OF                   HIGH COURT OF KARNATAKA,
KARNATAKA                  BENGALURU-560001

                      2.   MANJULA
                           W/O ARUN KUMAR,
                           AGED ABOUT 35 YEARS
                           R/AT NEAR MUBARAK SHADI MAHAL,
                           KHADER LAYOUT,
                           BANGARPET TOWN-563114
                                                               ...RESPONDENTS
                      (BY SRI. M.R. PATIL, HCGP FOR R1;
                            -2-
                                       NC: 2026:KHC:12260
                                    CRL.P No. 256 of 2026


HC-KAR




R2 SERVED, UNREPRESENTED)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 137(2),64(2)(m) OF BNS 2023
R/W SEC.6 OF POCSO ACT PENDING ON THE FILE OF THE
HONBLE FILE OF THE ADDL DISTRICT AND SESSIONS JUDGE,
FTSC I (POCSO) AT KOLAR, IN SPL.C(POCSO) NO.104/2025
DATED 23.12.2025 REGISTERED BY THE RESPONDENT
BANGARPET POLICE IN CRIME NO. 256/2025.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


                     ORAL ORDER

This petition is filed by sole accused under Section

483 of BNSS to grant bail in Crime No.256/2025 of

Bangarapet Police Station registered for the offences

punishable under Sections 137(2), 64(2)(m) of Bharatiya

Nyay Sanhita, 2023 and Section 6 of POCSO Act.

2. Heard the learned counsel for petitioner and

learned High Court Government Pleader for respondent

No.1/State.

NC: 2026:KHC:12260

HC-KAR

3. In spite of service of notice, respondent No.2

remained absent and unrepresented.

4. Learned counsel for petitioner would contend

that the victim girl in her statement recorded under

Section 183 of BNSS has stated that she is having love

affair with the petitioner, and on coming to know the

same, her parents have scolded her, and therefore, she on

her own left the house, went to Bangalore, and met the

petitioner, who took her to his house. The doctor, who

examined the victim girl, has noted that hymen of the

victim girl appears normal. The petitioner is in judicial

custody since 03.09.2025, and as a charge sheet is filed,

he is not required for further custodial interrogation. With

this, he prayed to allow the petition.

5. Per contra, learned High Court Government

Pleader for respondent No.1/State would contend that the

victim girl in her statement recorded under Section 183 of

BNSS has specifically stated the forcible act of sexual

NC: 2026:KHC:12260

HC-KAR

intercourse by this petitioner on her. The charge sheet

materials show a prima facie case against the petitioner

for the offences alleged against him. With this, he prayed

to reject the petition.

6. Having heard the learned counsel, the Court

has perused the charge sheet and other materials placed

on record.

7. On perusal of the statement of the victim girl

recorded under Section 183 of BNSS, she has stated that

she is having love affair with the petitioner, and as her

family members scolded her in that regard, she went to

Bangalore and met the petitioner. The victim girl is aged

17 years, and she is of the age of understanding the

consequences of her acts. The doctor, who examined the

victim girl has noted that hymen of the victim girl appears

normal. The petitioner is in judicial custody since

03.09.2025, and as a charge sheet is filed, he is not

NC: 2026:KHC:12260

HC-KAR

required for further interrogation. The petitioner is stated

to be student aged 19 years and so also the victim girl.

8. Considering the above aspects, the petitioner

has made out a case for grant of bail with conditions.

In the result, the following:

ORDER

i) The petition is allowed.

ii) The petitioner is granted bail in Crime

No.256/2025 of Bangarapet Police Station registered for

the offences punishable under Section 137(2), 64(2)(m)

of Bharatiya Nyay Sanhita, 2023 and Section 6 of POCSO

Act subject to following conditions.