[Cites 4, Cited by 0]

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


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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

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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

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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

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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.

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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

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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

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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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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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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