Sri. Vamshi K.S., v. The State of Karnataka,

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10920 OF 2026 BETWEEN:

SRI VAMSHI K.S SON OF LATE SUBRAMANI AGED ABOUT 22 YEARS RESIDING AT KOTAGAL VILLAGE CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT - 563 125. …PETITIONER (BY SRI PRITHVIRAJ SHSTRY G, ADV., FOR SRI BALAKRISHNA SHASTRY G, ADV.) AND:

THE STATE OF KARNATAKA BY CHINTAMANI RURAL POLICE STATION CHIKKABALLAPUR DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CRIME NO.190/2026 OF CHINTAMANI RURAL POLICE STATION CHIKKABALLAPURA DISTRICT REGISTERED FOR THE OFFENCE P/U/S 64 OF THE BNS 2023 PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS COURT, CHINTAMANI.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

ORAL ORDER

¶1Accused in Crime No.190/2026 registered by Chintamani Rural Police Station, Chickballapura District for offence punishable under Section 64(1) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.190/2026 was registered by Chintamani Rural Police Station, Chickballapura District against the petitioner for the aforesaid offence, based on the first information dated 04.06.2026 received from the victim girl, aged about 19 years. During the course of investigation, petitioner was arrested on 07.06.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.167/2026 was rejected on

03.07.2026. Therefore, he is before this Court.

¶4A reading of the first information would reveal that in the month of June 2025, after completing her studies, the victim girl had joined a beauty parlor at Mangalore and was working there. In the month of October 2025, she got

acquainted to the petitioner herein, who is a resident of Chintamani in Chickballapura District. The petitioner allegedly also had joined the beauty parlour for work, in which victim girl was already working. On 22.10.2025 petitioner allegedly had taken the victim girl to his village in Chintamani taluka, Chickballapura District stating that she is possessed of evil force and pooja is required to be done.

¶5On 24.10.2025 at 8.30 a.m, he had taken her to a temple in his village on the pretext of performing pooja and there, she was given some prasada. On the said day at about

10.00 p.m, the petitioner had once again taken the victim girl to the said temple and had given some prasada to her and also squeezed a lemon on her head. On their way back, he had purchased some juice and after consuming the same, she had lost her consciousness. Thereafter, when she woke up, she felt tired and her body was paining. She also felt pain in her private parts. Thereafter, when she went to the bathroom she found that her underwear was changed and some white liquid was found on her private part. Subsequently, on 04.11.2025, she came to Bengaluru along with accused and in month of January

2026 she went to her native town in Mangaluru. Subsequently, she had missed her menstrual cycle. She had informed about the same to her foster mother who had taken her to a hospital, where she was diagnosed as 7 months pregnant. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences.

¶6During the course of investigation, petitioner herein was arrested on 07.06.2026 and subsequently remanded to judicial custody. The victim girl was subjected to medical examination, after the FIR was registered in the present case. A reading of the history given by the victim girl before the doctor, who had medically examined her would go to show that, the allegations made against the petitioner in the first information and the allegations made before the medical officer differ.

¶7Medical record would reveal that no injuries were found on the body of the victim girl. Investigation of the case is now completed and charge sheet is already filed. Though in the first information it is alleged that petitioner by practicing some black magic had sexual intercourse with the victim girl

subsequently, she had made a statement that the petitioner who had promised to marry her had sexual intercourse with her. Before the doctor, who had examined her, allegation of black magic etc., by the petitioner is not found. On the other hand, the victim girl has stated that she had gone with the petitioner to his native place for celebrating Deepavali festival and had stayed there for a period of two weeks and during the said stay, the petitioner had sexual intercourse with her in the night, after making her consume some juice.

¶8A reading of the entire charge sheet material would go to show that, allegation made against the petitioner by the victim girl are inconsistent. The petitioner, who has no other criminal antecedents is in custody for last more than three months. Investigation of the case is completed and charge sheet is filed. Accordingly, the following: ORDER

(i) Criminal petition is allowed.

(ii) The petitioner is directed to be enlarged on bail in Crime No.190/2026 registered by Chintamani Rural

Police Station, Chickballapura District for offence punishable under Section 64(1) of BNS, 2023, 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 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.: 43