Sri. Nagesh E Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

Sri. Nagesh E Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on regular bail in Crime No.114/2025 of Nangli Police Station, upon executing a personal bond of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for likesum to the satisfaction of the jurisdictional Court, and subject to conditions: regular appearance before the Trial Court unless exempted for valid reasons; no direct or indirect threatening or tampering with prosecution witnesses; no involvement in similar offences in future; and no leaving the jurisdiction of the Trial Court without its permission until disposal of the case.

Issue for consideration

Whether the petitioner, the accused in Special Case No.89/2025 (arising out of Crime No.114/2025, prosecuted for offences punishable under Sections 137(2), 65(1) of BNS, 2023 and Section 6 of the POCSO Act), should be enlarged on regular bail under Section 483 of the BNSS, 2023. +1 more

Court's answer

Without expressing any opinion on the merits and demerits of the case, the prayer for grant of regular bail is answered affirmatively subject to appropriate conditions.

Ratio / Principle

The allegation that the petitioner's father has been threatening the witnesses cannot be believed, particularly as undisputedly no FIR has been registered against him for the alleged act; the witness-tampering objection therefore fails.

Key takeaways

The petitioner, aged 20 years and in custody from 22.07.2025 with the trial yet to commence, cannot be kept in detention: continued detention with hardcore criminals would severely affect his future career, and it is trite that an accused cannot be detained in custody as a preventive or precautionary measure.ratio¶49

Detailed headnote1 paragraphs

High Court of Karnataka (S. Vishwajith Shetty, J., single Bench), order dated 08.06.2026: Criminal petition under Section 483 of the BNSS, 2023 (cause title also recording 'U/S 439 CR.PC') by an accused aged about 20 years seeking regular bail in Special Case No.89/2025, arising out of Crime No.114/2025 of Nangli Police Station, Kolar, for offences punishable under Sections 137(2), 65(1) of BNS, 2023 and Section 6 of the POCSO Act, 2012, pending before the Additional District and Sessions Judge, FTSC - I (POCSO), Kolar. FIR followed a first information dated 09.07.2025 from respondent No.2 (mother of the victim girl) after the girl went missing on 05.07.2025; petitioner and victim were traced at Bangalore; petitioner remanded to judicial custody on 22.07.2025; charge sheet thereafter filed. The victim's statement under Section 183 BNSS 2023 recorded on 28.07.2025 states she regularly faced assault by her mother at home, left voluntarily on 05.07.2025, had been in love with the petitioner for a year, stayed 15 days in his room at Marthahalli, Bengaluru, and made no serious allegations against the petitioner. An earlier bail application was rejected by the trial Court on 08.10.2025 (impugned decision). Holding that the allegation of witness-threatening by the petitioner's father cannot be believed (no FIR registered against him) and applying the principle that an accused cannot be detained as a preventive or precautionary measure where the trial has not commenced, the Court allowed the petition and enlarged the petitioner on bail on a personal bond of Rs.1,00,000/- with two sureties for likesum, subject to conditions of regular appearance, non-tampering with prosecution witnesses, abstention from similar offences and restriction on leaving the Trial Court's jurisdiction.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1494 OF 2026

BETWEEN:

SRI. NAGESH E, S/O ESHWARAPPA, AGED ABOUT 20 YEARS, R/A. PULLIPAPENAHALLI VILLAGE, MULBAGAL TALUK, KOLAR - 563 136, (NAME AND ADDRESS AS PER CHARGE SHEET).

…PETITIONER

(BY SRI NANJUNDA GOWDA M R, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY NANGLI POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.AMBEDKER VEEDHI, BENGALURU-560 001.

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

SMT.RAJALAKSHMI, W/O.LATE.BALAKRISHNA, AGED ABOUT 42 YEARS, R/A.PUTTENAHALLI VILLAGE, MULBAGAL TALUK, KOLAR-563 136

…RESPONDENTS

(BY SRI LAKSHMAN, HCGP FOR R1, SRI RAJASHEKARA H M, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN SPL.CASE (POCSO) NO.89/2025 ARISING OUT OF CR.NO.114/2025 OF NANGLI P.S. WHICH IS NOW PENDING ON THE FILE OF ADDL.DISTRICT AND

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SESSIONS JUDGE FTSC-1 (POCSO) AT KOLAR FOR THE OFFENCE P/U/S 137(2),65(1) OF BNS AND SEC.6 OF POCSO ACT 2012 AND ETC.

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 Case No.89/2025 pending before the Court of Additional District and Sessions Judge, FTSC - I (POCSO) at Kolar arising out of Crime No.114/2025 registered by Nangali Police Station, Kolar for the offences punishable under Section 137(2), 65(1) of Bharatiya Nyaya Sanhita (BNS), 2023 (hereinafter referred to as 'BNS, 2023' for short) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short) is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.114/2025 was registered by Nangli Police

Station, Kolar initially for offence punishable under Section 137(2) of BNS, 2023 against the petitioner herein based on the

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first information dated 09.07.2025 received from respondent No.2 who is the mother of the victim girl. During the course of investigation, petitioner and the victim girl were traced together. The petitioner who was arrested was produced before the Court and remanded to judicial custody on 22.07.2025. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the trial Court in Special Case No.89/2025 was rejected on 08.10.2025. Therefore, he is before this Court.

Learned counsel for the petitioner submits that petitioner and the victim girl are in love. Petitioner aged 20 years who has no criminal antecedent and is in custody from 22.07.2025 onwards. Trial in the case is yet to commence. Accordingly, prays to allow the petition.

Per contra, learned HCGP., and the learned counsel appearing for the respondent no. 2 have opposed the petition.

Learned counsel for the respondent No.2 submits that petitioner's father has threatened the charge sheet witnesses in the present case and therefore, an attempt was also made to file a complaint against him. He submits that in the event

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petitioner is enlarged on bail, he is likely to tamper with the material witnesses. Accordingly, prays to dismiss the petition.

Perusal of material on record would go to show that Victim girl was found missing from her house on 05.07.2025. Efforts made to trace her had failed. Since the first informant and others suspected the hand of the petitioner, they had subsequently approached the police on 09.07.2025 and submitted a first information, which had resulted in registering FIR in Crime No.114/2025 by Nangli Police Station against the petitioner for offence punishable under Section 137(2) of BNS, 2023. During the course of investigation, the petitioner and the victim girl were traced at Bangalore. They were brought to the Police Station and subsequently, the petitioner was arrested and remanded to judicial custody.

Statement of the victim girl under Section 183 of BNSS 2023 was recorded on 28.07.2025 by the jurisdictional Magistrate. In the said statement, she has stated that she was being regularly assaulted in her house by her mother. Therefore, on 05.07.2025, she had left her house and had gone to Bengaluru and had met the petitioner at Bengaluru with

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whom she was in love for the last one year. Thereafter, she had stayed in the petitioner's room at Marthahalli in Bengaluru. She has stated that the petitioner had sold his chain and mobile phone and from the said money, they used to have food. She has stated that in the said room, they stayed for 15 days and they also had physical contact. She has further stated that while they so stayed in petitioner's room at Marthahalli in Bangalore, his father came to the said room and took them to the Police Station. She has not made any serious allegations as against the petitioner, who is aged about 20 years and on the other hand, she has stated that she and the petitioner are in love and she had voluntarily left her house and taken shelter in petitioner's room. She has further stated that it was the petitioner's father who had come to the said room and had taken them to the Police Station. Therefore, the allegation now made by the counsel for respondent No.2 that the father of the petitioner has been threatening the witnesses cannot be believed. Undisputedly, no FIR has been registered against him for the alleged act said to have been committed by him.

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Be that as it may, the fact remains that the petitioner aged 20 years is in custody in the present case from 22.07.2025 onwards. His continued detention with hardcore criminals would have a severe impact on his future career. It is trite that accused cannot be detained in custody as a preventive or precautionary measure. Undisputedly, the trial in the case is yet to commence.

Having regard to the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:

ORDER

The petition is allowed . The petitioner is directed to be enlarged on bail in Crime No.114/2025 of Nangli Police Station registered for the offences punishable under Sections 137(2), 65(1) of BNS, 2023 and Section 6 of POCSO Act 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

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likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the date 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 of.

Sd/(S VISHWAJITH SHETTY) JUDGE

BS

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