CRL.A No. 249 of 2026 (U/S 14(A)(2), SC/ST (POA) Act, 2015), High Court of Karnataka at Bengaluru, decided 16-03-2026 (M.G.S. Kamal, J.) - Regular bail granted to the accused (Nawaz Khan) in Crime No.237/2025 of Hosakote P.S., pending as Spl.C.C.No.1052/2025 before the District and Sessions Judge, FTSC-II, Bengaluru Rural District, for offences punishable under Sections 137(2) and 64(1) of the Bharatiya Nyaya Sanhita, 2023, Sections 4(2), 6 and 12 of the POCSO Act, 2012 and Sections 3(1)(w) and 3(2)(v) of the SC/ST (POA) Act, 1989. Appeal allowed; the order dated 06.01.2026 passed in Crl.Misc.No.2538/2025 by the Additional District and Sessions Judge, FTSC-II, Bengaluru Rural District, rejecting the bail application (made under Section 483 of BNS/Section 439 of Cr.PC) was set aside. Prosecution case: complaint dated 22.08.2025 by the father of the victim girl (shown aged 17 years 10 months, of Scheduled Caste community) reporting that she went missing on 15.08.2025 after attending an Independence Day cultural programme; CW.6's statement recorded that the victim had come to her snacks shop at Malur bus stand on 06.08.2025 seeking shelter, stating she was 20 years old and tortured by relatives, and stayed and worked there till 05.09.2025 when police took her away, informing CW.6 that she was 17, of SC community, in love with the accused and sexually assaulted by him; the victim's statement alleged that on 15.08.2025 the accused took her on a motorcycle to Hudadenahalli village, sexually assaulted her despite resistance as she was below 18, and left her at a bus stand promising marriage after she attained majority; accused arrested 06.09.2025; charge sheet filed 05.11.2025. Court's reasons: no incident of contact between the accused and the victim was shown during 16.08.2025 to 05.09.2025 while she admittedly resided with CW.6; medical evidence collected was still incomplete and to be proved at trial; whether the accused knew the victim belonged to the SC community was to be ascertained at trial; charge sheet having been filed and allegations and documents subject to trial, and the accused being a permanent resident of Malur, Kolar District, conditions ensuring his appearance would suffice. Held: the accused had established a prima facie case for release on bail; appellant enlarged on bail on a personal bond of Rs.1,00,000 with one surety, subject to conditions of regular attendance before the Trial Court, no threatening or tampering with prosecution witnesses, no involvement in similar offences, and no leaving the Trial Court's jurisdiction without permission till disposal of the case.
