Mr. Ankith Khathri v. The State by Byappanahalli

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12641 OF 2026 BETWEEN:

MR. ANKITH KHATHRI S/O. PREM, AGED ABOUT 22 YEARS RESIDING AT JANKAPUR VILLAGE, GHODAGHODI NAGARAPALIKA, ODHA NO.9, RAMASHIKAHAR YHALA TALUK, SUKHAD PS KAILALI DISTRICT - 10900. PRESENT ADDRESS AT - C/O PARVEEN G.K. NEAR RELIANCE MORE, 7TH CROSS, PWD ROAD, AKASHNAGAR, B. NARAYANAPURA, BENGALURU - 560 016. …PETITIONER (BY SRI. KIRAN S.S, ADVOCATE) AND:

¶1THE STATE BY BYAPPANAHALLI POLICE STATION, BENGALURU CITY REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001.

¶2MR. TEJRAJ BHANDARI S/O. KHAKIRAM BHANDARI,

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

AGED ABOUT 41 YEARS R/AT DHASRATHA KRUPA, APARTMENTS, 7TH CROSS, KAGGADASAPURA, BENGALURU - 560 093. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; VIDE ORDER DATED 21.09.2026, NOTICE TO R2 IS HELD SUFFICIENT)

THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.127/2020 FILED BY BYAPPANAHALLI POLICE STATION AND WHICH IS PENDING IN SPL.C.C.NO.1148/2020 PENDING BEFORE THE COURT OF THE FTSC IV, BENGLAURU FOR OFFENCE P/US/ 366, 376 OF IPC 1860 AND SEC.5, 6 OF POCSO ACT 2012.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused in Special CC.No.1148 of 2020 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.127 of 2020 registered by Byappanahalli Police Station, Bengaluru

City for the offences punishable under Section 366, 376 of IPC, 1860 and Section 5 and 6 of POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

¶2Heard the learned counsel for the petitioner and learned High Court Government Pleader on behalf of respondent No.1. Respondent No.2 is served in the matter, has remained unrepresented before this Court.

¶3Perusal of the material on record would go to show that the petitioner who was arrested in the present case at crime stage, was granted regular bail by the Co-ordinate bench of this Court in Crl.P.No.1112 of 2021 vide order dated 22.12.2021. After filing of the charge sheet, the case is being tried before the Trial Court for the charge sheeted offences in Special Case No.1148 of 2020. For the reason that the petitioner had absented himself before the Trial Court on the regular dates of hearing, coercive steps were taken against him and he was arrested

and produced before the Trial Court on 25.12.2025. On the same day, he was remanded to judicial custody. His bail application filed thereafter before the Trial Court was rejected. Therefore, he is before this Court.

¶4It is not in dispute that the petitioner is a youngster and has no other criminal antecedents. On the merits of the case, the petitioner was granted regular bail in the present case in Crl.P.No.1112 of 2021 disposed of on 22.12.2021. Before the Trial Court, the victim girl and other material charge-sheet witnesses have been already examined as on this date. Petitioner, who was granted regular bail in the present case is now arrested and remanded to judicial custody only for the reason that he had not appeared before the Trial Court on the regular dates of hearing. For the mistake committed by the petitioner, he is now sufficiently punished.

¶5Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular

bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R

(i) The Criminal Petition is allowed.

(ii) The petitioner is directed to be enlarged on bail in Special CC.No.1148 of 2020 pending before the Court of Additional City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.127 of 2020 registered by Byappanahalli Police Station, Bengaluru City for the offences punishable under Section 366, 376 of IPC, 1860 and Section 5 and 6 of POCSO Act, 2012, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which one shall be local surety, 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

AMM List No.: 1 Sl No.: 50