Rakesh Gowda, Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED) ON REGULAR BAIL IN CRIME NO.134/2026 FOR THE OFFENCES P/U/S 8 AND 12 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 REGISTERED BY THE RESPONDENT NO.1 POLICE BASAVESHWARANAGAR POLICE STATION DATED 30.03.2026 PENDINIG BEFORE THE HONBLE COURT OF THE FAST TRACK SPECIAL COURT-I (FTSC-I) ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

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

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NC: 2026:KHC:29440 CRL.P No. 6416 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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1. Accused in Spl.C.No.1078/2026 pending before the Court of Additional City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out of Crime No.134/2026, registered by Basaveshwara Nagar Police Station, Bengaluru, for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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2. Heard the learned counsel for the parties.

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3. FIR in Crime No.134/2026 was registered by Basaveshwara Nagar Police Station, Bengaluru, initially for the offences punishable under Sections 8 and 12 of the POCSO Act against the petitioner herein based on the first information dated 30.03.2026 received from respondent No.2 herein, who is the mother of the victim girl. During the course of investigation, petitioner was arrested on 30.03.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid

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NC: 2026:KHC:29440 CRL.P No. 6416 of 2026

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HC-KAR

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offence. His bail application filed before the Trial Court was rejected. Therefore, he is before this Court.

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4. Learned counsel for the petitioner submits that petitioner

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has no other criminal antecedents. The maximum punishment for the alleged offence is imprisonment for a period of five years. Accordingly, he prays to allow the petition.

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5. Per contra, learned Additional State Public Prosecutor and learned counsel for respondent No.2 have opposed the petition. Learned counsel for respondent No.2 submits that petitioner may tamper with the prosecution witnesses since he hails from the very same area. Accordingly, he prays to dismiss the petition.

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6. The allegation in the first information which is submitted by the mother of the victim girl on 30.03.2026 is that on 27.03.2026 at about 06.00 p.m. when she and her minor daughter were walking on the road side, a stranger, who came in a two wheeler, all of a sudden slowed down his vehicle and touched the chest part of the victim girl inappropriately and thereafter, went away. In respect of the alleged incident that

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NC: 2026:KHC:29440 CRL.P No. 6416 of 2026

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HC-KAR

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had taken place on 27.03.2026, first information is belatedly filed on 30.03.2026. Undisputedly, petitioner has no other criminal antecedents. Investigation of the case is now completed and charge sheet has been filed. The maximum punishment for the alleged offence is imprisonment for a period of five years. It is trite that an accused cannot be detained in custody as a preventive or precautionary measure. Considering the aforesaid aspects of the matter, 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, which shall take care of the apprehension expressed by learned counsel for respondent No.2. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.1078/2026 pending before the Court of Additional City Civil and Sessions Judge and FTSC-I, Bengaluru, arising out of Crime No.134/2026, registered by Basaveshwara Nagar Police Station, Bengaluru, for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012, subject to the following conditions:

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NC: 2026:KHC:29440 CRL.P No. 6416 of 2026

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HC-KAR

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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Sd/-

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(S VISHWAJITH SHETTY) JUDGE

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DN

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List No.: 1 Sl No.: 79

Rakesh Gowda, v. State of Karnataka

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Rakesh Gowda, v. State of Karnataka

Case brief

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