Shashikumar S P v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13916 OF 2026 BETWEEN:

SHASHIKUMAR S.P S/O PRAKASH AGED ABOUT 21 YEARS R/AT NO.226, SONNAPPANAHALLI VILLAGE, BETTAHALASURU POST JALA HUBLI, YELAHANKA TALUK BENGALURU - 562 157. …PETITIONER (BY SRI NAGABHUSHANA REDDY K, ADV.) AND:

¶1STATE OF KARNATAKA CHIKKAJALA POLICE STATION BENGALURU, REPRESENTED BY S.P.P HIGH COURT BUILDING BANGALORE - 01.

¶2SMT. SAVITHA W/O LATE MUDDAHANUMALAH MANJUNATH AGED ABOUT 35 YEARS R/AT BETTAHALOORU VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU - 562 157. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 SERVED BU UNREPRESENTED)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE ABOVE PETITIONER ON BAIL IN CRIME NO.170/2026 REGISTERED BY CHIKKAJALA POLICE STATION FOR THE OFFENCES ALLEGED UNDER SECTION 137(2), 64(2)(m) OF THE BHARATIYA NYAYA SANHITA, 2023, SECTIONS 5(l) AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012,

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

WHICH IS PENDING BEFORE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC 4, AT BENGALURU.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused in Crime No.170/2026 registered by Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 87, 64(2)(m) of BNS, 2023 and Sections 5(l) & 6 of the POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNS, 2023, seeking regular bail.

¶2Heard the learned Counsel for the parties.

¶3FIR in Crime No.170/2026 was registered by Chikkajala Police Station, Bengaluru City, for the offence punishable under Section 137(2) of BNS, 2023, against the petitioner herein based on the first information dated 04.07.2026 received from respondent no.2 who is the mother of the victim girl aged 17 years. In the said case, petitioner was arrested on 04.07.2026 and remanded to judicial custody. His bail application filed before jurisdictional Sessions Court in Crl. Misc.

No.8057/2023 was rejected on

22.08.2026. Therefore, petitioner is before this Court.

¶4In the first information submitted by the mother of the victim girl, it is stated that victim girl aged 17 years was found missing from 15.06.2026 onwards. Efforts made to trace her had failed, and therefore, on 04.07.2026, her mother had approached the police and since they suspected the hand of the petitioner, FIR was registered against him for the offence punishable under Section 137(2) of BNS, 2023.

¶5During the course of investigation, petitioner and the victim girl was traced together. Petitioner was arrested and remanded to judicial custody.

¶6The statement of the victim girl was recorded under Section 183 of BNSS, 2023, by the jurisdictional Magistrate on

25.07.2026. In the said statement, the victim girl has stated that she and the petitioner are loving each other for the last five years. They had gone out along with their friends. She had not contacted her family and friends during the said period, and therefore, her mother had approached police.

Subsequently, the police have brought them back. Except the aforesaid, she has not stated anything which would attract the charge-sheeted offences against the petitioner. Under the circumstances, I am of the opinion that petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

¶7The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.170/2026 registered by Chikkajala Police Station, Bengaluru City, for the offences punishable under Sections 87, 64(2)(m) of BNS, 2023 and Sections 5(l) & 6 of the POCSO Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 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

KK