[Cites 2, Cited by 0]
Karnataka High Court
Yogesh A vs State Of Karnataka on 27 March, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2026:KHC:17577
CRL.P No. 4966 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4966 OF 2026
BETWEEN:
YOGESH A.,
SON OF ANAND K.,
AGED ABOUT 19 YEARS,
R/O 12, 1ST MAIN ROAD,
THUNGABADRA SLUM,
VASANTHNAGAR,
BENGALURU NORTH ,
BENGALURU - 560 001.
PRESENTLY INCARCERATION
IN BANGALORE CENTRAL PRISON,
PARAPPAN AGRAHARA,
SINCE 29/01/2026.
Digitally ...PETITIONER
signed by
SANJEEVINI J
KARISHETTY (BY SRI. MOHAMMED ABRAR.S., ADVOCATE)
Location: High
Court of AND:
Karnataka
1. STATE OF KARNATAKA,
BY HIGH GROUNDS POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 01.
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CRL.P No. 4966 of 2026
HC-KAR
2. SMT. SITADEVI BIST,
W/O RAVI SHING,
AGED ABOUT 35 YEARS,
RESIDING AT NO. 17,
10TH CROSS A RESIDENCE,
VASANTANAGARA,
BENGALURU CITY - 560 001.
...RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP A/W
SRI. RAHUL RAI K., HCGP FOR R1;
SRI. MOHAN KUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 483 BNSS PRAYING TO
ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.
272/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
3 AND 4 OF THE POCSO ACT AND SECTION 137(2) OF THE
BNS, ACT 2023, REGISTERED BY THE RESPONDENT NO.1
POLICE (HIGH GROUNDS POLICE STATION) DATED
30/12/2025, PENDING ON THE FILE OF THE HON'BLE
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (FTSC-IV) AT
BANGALORE.
[
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC:17577
CRL.P No. 4966 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner-sole accused is before the court seeking
himself to be set on liberty, as he is now in custody for offences
punishable under Sections 3 and 4 of POCSO Act and 137(2) of
BNS.
2. Heard Sri.Mohammed Abrar S., learned counsel
appearing for the petitioner, Sri.B.N.Jagadeeseha, learned Addl.
SPP appearing for the respondent-State and Sri.Mohan Kumar,
learned counsel appearing for respondent No.2 and have
perused the material on record.
3. The petitioner gets embroiled in a crime in Crime
No.272/2025. The crime emerges on a missing complaint
given by the second respondent that her daughter has gone
missing, only to find that her daughter and the petitioner were
in love and the relationship between the two had developed
into physical relationship. This results in the petitioner, a boy
of 19 years being taken into custody. The statement of the
victim is that, she was never sad in life, she is going with the
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petitioner, she is happy with the petitioner and go along with
Yogesh, the petitioner. The parties to the lis had knocked at
the doors of this Court seeking settlement between them and
closure of the crime by way of recording the settlement. This
Court declined to accept the settlement and closure of the case,
owing to the facts obtaining therein, as the closure was sought
on the ground that the petitioner and the victim are going to
get married. The victim today is 17 years and 6 months.
Therefore, the petition is not entertained for closure of the
proceedings. The subject petition is preferred seeking to set
the petitioner at liberty.
4. As observed the petitioner is 19 years old, is in love
with the victim and victim is in love with the petitioner. The
statement of the victim is indicative of the said fact. Therefore,
the petitioner has not indulged in forceful sexual assault upon
the victim, prima facie. In such circumstances, a boy of 19
years old is inside the prison along with other accused or
convicts, it would have a serious impact on the psyche of the
boy. In the light of the aforesaid circumstance, I deem
appropriate to set the petitioner at liberty imposing stringent
conditions.
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HC-KAR
5. For the aforesaid reasons, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The petitioner shall be enlarged on bail in
connection with Crime No.272/2025 registered
before High Grounds Police Station for offences
punishable under Sections 3 and 4 of POCSO Act
and 137(2) of BNS, subject to the following
conditions:
(a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two
solvent sureties for the like-sum to the
satisfaction of the jurisdictional court.
(b) The petitioner shall not threaten or allure
the prosecution witnesses in whatsoever
manner.
(c) The petitioner shall appear before the
jurisdictional Court on all future hearing
dates, unless exempted by the concerned
Court.
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(d) The petitioner shall not get involved in
similar offences.
(e) The petitioner shall not leave the
territorial limits of the trial Court without
prior permission of the trial Court.
(f) The prosecution is at liberty to seek
cancellation of bail, in the event of any
violation, of the aforesaid conditions.
(g) Registry is directed to Communicate
the order to the prison authorities,
forthwith.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
CBC
List No.: 5 Sl No.: 1
