Citation : 2026 Latest Caselaw 999 Kant
Judgement Date : 9 February, 2026
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NC: 2026:KHC:7455
CRL.P No. 16796 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16796 OF 2025
[(439(Cr.PC) / 483(BNSS)]
BETWEEN:
SRI. ANANDA @ AJITH
S/O. LATE B.P. JAGANNATH,
AGED ABOUT 35 YEARS,
R/AT NO.13, 1ST MAIN,
GEF POST, AAVALAHALLI,
BENGALURU - 560 026.
...PETITIONER
(BY SRI. SWAMY M.M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
GIRINAGAR P.S.
BENGALURU CITY,
Digitally signed by REP. BY STATE PUBLIC PROSECUTOR,
LAKSHMINARAYANA
MURTHY RAJASHRI HIGH COURT BUILDING,
Location: HIGH
COURT OF
BANGALORE - 560 001.
KARNATAKA
2. SMT. KOMALA S.P.
W/O. SATHISH R.,
AGED ABOUT 36 YEARS,
R/AT NO.9, 1ST MAIN, 1ST CROSS,
NEAR THUNGAR BAR, AVALAHALLI,
BENGALURU - 560 026.
...RESPONDENTS
(BY SRI. HARISH GANAPATHY, HCGP FOR R1;
R2 - SERVED AND UNREPRESENTED)
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NC: 2026:KHC:7455
CRL.P No. 16796 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER
SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON REGULAR BAIL IN CRL.MISC.NO.9746/2025
(IN CRIME NO.343/2025) FILED BY THE RESPONDENT -
GIRINAGAR POLICE, ON THE FILE OF THE ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, FTSC-I, BENGALURU CITY, FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 78 AND 126(2)
OF BNS AND SECTIONS 11(iv) AND 12 OF POCSO ACT, BY
ALLOWING THE ABOVE SAID PETITION.
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 Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant bail in Crime No.343/2025 of Girinagar Police
Station registered for offences punishable under Sections
78 and 126(2) of Bharatiya Nyaya Sanhita, 2023 and
Sections 11(iv) and 12 of Protection of Children from
Sexual Offences Act.
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HC-KAR
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent
No.1 - State. Inspite of service of notice, respondent No.2
remained absent and unrepresented.
3. Learned counsel for petitioner would contend
that, the offence alleged against the petitioner is
punishable under Section 12 of POCSO Act is provided with
sentence of imprisonment which may extend to three (3)
years. The petitioner is in judicial custody since
29.10.2025. The allegation against the petitioner is that he
was following the victim girl and asking her to love him
and used to make signal with the hand. The charge sheet
has been filed and therefore the petitioner is not required
for further custodial interrogation. There are no criminal
antecedents of the petitioner. With these, he prayed to
allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent No.1 - State would contend that,
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HC-KAR
the victim girl is aged seventeen (17) years. The petitioner
was following the victim girl and in that regard, the
parents of the victim girl have warned the petitioner.
Inspite of the said warning, he continued the said act of
following the victim girl and making signal by hand and
asking her to love him. The charge sheet materials show
that, there is a prima-facie case against the petitioner for
offences alleged against him. With these, he prayed for
dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
6. The case of the prosecution as per charge sheet
is that, the petitioner was following the victim girl and he
used to make signal by hand by showing heart symbol to
love him. The parents of the victim girl on coming to know
the same have warned the petitioner. Inspite of the said
warning, the petitioner on 29.10.2025 when the victim girl
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HC-KAR
was returning from the college, at that time the petitioner
followed her, stopped her, asked her to love him and to
marry him.
7. The victim girl is aged seventeen (17) years.
The offence alleged against the petitioner is under Section
11(iv) punishable under Section 12 of POCSO Act. The
punishment provided for offence under Section 12 of
POCSO Act is imprisonment which may extend to three (3)
years. There is no allegation of any sexual assault by the
petitioner. The investigation is over and charge sheet has
been filed and therefore, the petitioner is not required for
further custodial interrogation. The petitioner is in judicial
custody since 29.10.2025. There are no criminal
antecedents of the petitioner.
8. Considering all the above aspects, the petitioner
has made out a case for grant of bail with conditions. In
the result, the following;
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HC-KAR
ORDER The Criminal Petition is allowed. The petitioner is
granted bail in Crime No.343/2025 of Girinagar Police
Station, subject to following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court.
ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 12
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