Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2135 OF 2026 BETWEEN: RAVIKUMAR G S/O GANGADHARAPPA G.R AGED ABOUT 24 YEARS LABOUR, VADDARASIDDAVVANAHALLI VILLAGE, CHITRADURGA TQ AND DISTRICT PIN - 577 520. …PETITIONER (BY SRI SANTHOSH KUMAR H.R, ADV.) AND:
1. STATE OF KARNATAKA BHARAMASAGARA POLICE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2. XXX Digitally signed by NANDINI M 3. XXX S …RESPONDENTS Location: HIGH COURT OF (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; KARNATAKA
SRI G.J. SUNKAPUR, ADV., FOR R-2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON REGULAR BAIL IN CRIME NO.203/2025 OF RESPONDENT BHARAMASAGARA POLICE REGISTERED FOR THE OFFENCE P/U/S 351(2), 351(3), 64(2)(M) OF BNS ACT AND SECTION 4, 5(L), 6, 8 AND 12 OF POCSO ACT AND IT ACT 67(A) AND 67(B) AND ALSO SPL. CASE NO.105/2025 WHICH IS PENDING BEFORE THE HONBLE SPL.2ND ADDL.DISTRICT AND SESSIONS JUDGE, COURT AT CHITRADURGA.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-2- CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Special Case No.105 of 2025, pending
before the Court of II Addl. District & Sessions Judge Chitradurga, arising out of Crime no.203 of 2025 registered by Bharamasagara Police Station, Chitradurga Police Station for offences punishable under Section 351(2), 351(3), 64(2)(m) of BNS, 2023, Sections 4, 5(l), 6, 8 and 12 of POCSO Act, 2012 and Section 67(A) and 67(B) of Information Technology Act, 2000 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.203 of 2025 was registered by
Bharamasagara Police Station, Chitradurga District, initially for offences punishable under Sections 8 and 12 of POCSO Act, 2012 and Sections 351(2) and 351(3) of BNS, 2023 against the petitioner herein, based on the first information dated 03.05.2025 received from the victim girl, who was aged about 17 years as on the said date. During the course of investigation -3- of the said case, petitioner was arrested on 24.05.2025 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the learned Sessions Court in Crl.Misc.No.705/2025 was rejected on 06.08.2025. Therefore, he is before this Court.
4. During the course of investigation of this case, the
victim girl was produced before the learned Magistrate for recording her statement under Section 183 of BNSS, 2023 and in the said statement, victim has only alleged that petitioner, who came to her house had hugged her and inappropriately touched her chest. Except that she has not made any allegation against the petitioner about he committing any kind of sexual assault on her, much less an act of penetrative sexual assault.
5. In the medical records of the victim girl it is
observed that there is no evidence of recent forcible vaginal penetration. The victim girl has been now examined before the trial Court as PW1 and therefore there cannot be any apprehension that the petitioner may tamper with the -4- prosecution witnesses. Petitioner, who has no other criminal antecedents is in custody for the last more than one year. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, his prayer for grant of regular bail needs to be answered affirmatively.
6. Accordingly, the following:
ORDER
Criminal petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.105 of 2025, pending before the Court of II Addl. District & Sessions Judge Chitradurga, arising out of Crime no.203 of 2025 registered by Bharamasagara Police Station, Chitradurga Police Station for offences punishable under Section 351(2), 351(3), 64(2)(m) of BNS, 2023, Sections 4, 5(l), 6, 8 and 12 of POCSO Act, 2012 and Section 67(A) and 67(B) of Information Technology Act, 2000, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh -5- only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 42