Kiran Kumar Vs State by Soladevanahalli… — Child Sexual Offences (POCSO) | Karnataka HC (2026)

Kiran Kumar Vs State by Soladevanahalli… — Child Sexual Offences (POCSO) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Special Case No.548/2026 (Crime No.102/2026, Soladevanahalli Police Station) on executing a personal bond of Rs.50,000/- with one surety, subject to conditions of regular appearance before the Trial Court, non-tampering with prosecution witnesses, non-involvement in similar offences, and not leaving the Trial Court's jurisdiction without permission until disposal of the case.

Issue for consideration

Whether the petitioner, accused in Special Case No.548/2026 (arising out of Crime No.102/2026, Soladevanahalli Police Station) for offences punishable under Sections 4, 5(l), 6 of POCSO Act 2012, Section 64(2)(m) of BNS 2023 and Section 9 of Prohibition of Child Marriage Act 2016, is entitled to be enlarged on regular bail under Section 483 BNSS, 2023.

Court's answer

The petitioner, aged 25 years with no other criminal antecedents, in custody from 07.03.2026 onwards, with investigation already concluded, merited consideration for regular bail.

Ratio / Principle

Considering the statement of the alleged victim recorded under Section 183 of BNSS, 2023 (in which she stated she is aged 19 years and the petitioner is her husband), the Court held the bail prayer deserved an affirmative answer subject to appropriate conditions.

Key takeaways

The petition was allowed and the petitioner directed to be enlarged on bail subject to conditions, including execution of a personal bond of Rs.50,000/- with one surety, regular appearance 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 until disposal of the case.ratio¶56

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA AT BENGALURU (S Vishwajith Shetty, J.) — Criminal Petition No.6582 of 2026 (decided 08.07.2026) under Section 483 BNSS, 2023: Regular bail granted to the accused (aged 25 years, no other criminal antecedents, in custody since 07.03.2026) in Special Case No.548/2026 pending before the Addl. District and Sessions Judge, FTSC-II, Bengaluru Rural District, arising out of Crime No.102/2026 of Soladevanahalli Police Station, for offences punishable under Sections 4, 5(l), 6 of POCSO Act, 2012, Section 64(2)(m) of BNS 2023 and Section 9 of Prohibition of Child Marriage Act, 2016. FIR was registered on the first information dated 07.03.2026 of the Medical Officer, PHC Chikkabanavara, after a pregnant girl was brought for check-up and her age was verified. The victim's statement recorded under Section 183 BNSS, 2023 before the Jurisdictional Magistrate stated she was aged 19 years, that the petitioner was her husband whom she married out of love, and that her father had given wrong information about her date of birth. Investigation concluded and charge sheet filed; earlier bail application (Crl.Misc.No.542/2026) rejected by the Trial Court on 10.04.2026. Bail granted on personal bond of Rs.50,000/- with one surety, subject to conditions including regular attendance before the Trial Court, no tampering with prosecution witnesses, no similar offences, and no departure from the Trial Court's jurisdiction without permission until disposal.

NC: 2026:KHC:34244 CRL.P No. 6582 of 2026

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6582 OF 2026 (439(CR.PC) / 483(BNSS))

BETWEEN:

KIRAN KUMAR S/O RAMESH KUMAR R AGED ABOUT 26 YEARS R/AT HESARAGHATTA MAIN ROAD NEAR GANGAMMA TEMPLE NEAR SAI SAGARA HOTEL CHIKKABANAVARA BENGALURU NORTH DISTRICT BENGALURU-560090.

…PETITIONER

(BY SRI. H E BASAVARAJU, ADVOCATE FOR SMT. NAGARATHNAMMA K N., ADVOCATE)

AND:

Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

STATE BY SOLADEVANAHALLI POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU BENGALURU -560002.

SMT. SUDHA (MEDICAL OFFICER PHC) PRIMARY HEALTH CENTRE CHIKKABANAVARA BENGALURU-560090.

XXX

AGED ABOUT 17 YEARS VEENA V (VICTIM MOTHER) W/O LATE KANTHARAJU NO 65/2, 12^TH A CROSS 4^TH MAIN, KAVERIPURA

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NC: 2026:KHC:34244 CRL.P No. 6582 of 2026

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KAMAKSHIPALYA

BENGALURU-560079.

…RESPONDENTS

(BY SMT. RASHMI JADHAV, ASPP. FOR R1: NOTICE TO R2 IS HELD SUFFICIENT)

THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.102/2026 OF SOLADEVANAHALLI P.S., BENGALURU, PENDING BEFORE THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II, SPECIAL COURTS FOR TRIAL OF CASES FILED UNDER POCSO ACT, BENGALURU RURAL, FOR THE OFFENCE P/U/S 64(2)(M) OF BNS, 2023, U/S 4,6,5(L) 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 Case No.548/2026 pending before

the Court of Addl. District and Sessions Judge, FTSC-II,

Bengaluru Rural District, Bengaluru, arising out of Crime No.102/2026 registered by Soladevanahalli Police Station,

for offences punishable under Sections 4, 5(l), 6 of POCSO Act, 2012, Section 64(2)(m) of BNS 2023 and Section 9 of Prohibition of Child Marriage Act, 2016, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

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Heard the learned counsel appearing for the petitioner and learned Additional State Public Prosecutor appearing on behalf of the respondent No.1-State. Respondent No.2 though served in the matter has remained unrepresented.

FIR in Crime No.102/2026 was registered by Soladevanahalli Police Station, Bengaluru, for offence punishable under Section 64(2)(m) of BNS, 2023 and Sections 4, 5(l) and 6 of POCSO Act, 2012 as against the petitioner herein based on the first information dated 07.03.2026 received from Smt.Dr.Sudha, Medical Officer of the Primary Health Center at Chikkabanavara, Bangalore Rural District. During the course of investigation of the said case, petitioner herein was arrested on 07.03.2026. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.542/2026 was rejected on 10.04.2026.

Therefore, he is before this court.

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Perusal of the first information would go to show that

the victim girl, who was pregnant, had gone to the Primary Health Center at Chikkabanavara for medical check-up and after verifying the age, the Medical Officer of the Primary Health Center had informed the Police and based on her first information, FIR was registered against the petitioner for the aforesaid offences.

During the course of investigation, the statement of

the victim girl has been recorded under Section 183 of BNSS, 2023 before the Jurisdictional Magistrate. In the statement, the victim girl has stated that she is aged 19 years and the petitioner is her husband. She has further stated that she and petitioner were in love with each other and got married and her father who was not happy with their marriage had given wrong information about her date of birth. She has also stated that she had gone to the Primary Health Center for her medical check-up and after

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she suffered abortion, the Medical Officer had given a false complaint.

Petitioner, aged 25 years having no other criminal antecedents, is in custody from 07.03.2026 onwards. Investigation of the case is already concluded. Considering the statement of the alleged victim under Section 183 of BNSS, 2023, 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 order:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in Special Case No.548/2026 pending before the Court of Addl. District and Sessions Judge, FTSC-II, Bengaluru Rural District, Bengaluru, arising out of Crime No.102/2026 registered by Soladevanahalli Police Station, for offences punishable under Sections 4, 5(l), 6 of POCSO Act, 2012, Section 64(2)(m) of BNS 2023 and Section 9 of

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Prohibition of Child Marriage Act, 2016, subject to the

following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.50,000/- with one 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

DM LIST NO.: 1 SL NO.: 46