Sri Gajendra Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

Sri Gajendra Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner in Crime No.82/2026 of Chikkajala Police Station, subject to conditions including execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum, regular appearance before the Trial Court, non-tampering with prosecution witnesses, abstention from similar offences, and not leaving the Trial Court's jurisdiction without permission.

Issue for consideration

Whether the petitioner, accused in Crime No.82/2026 of Chikkajala Police Station for offences under Sections 137(2) and 64(2)(m) of BNS, 2023, Sections 4, 5(l) and 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006, should be enlarged on regular bail under Section 483 of BNSS, 2023.

Court's answer

In view of the victim girl's affidavit (she stated she has attained 18 years, produced Aadhaar Card showing date of birth 23.06.2008, said she and the petitioner are in love, that she left her parents' house voluntarily out of free will without undue influence, resides at the petitioner's residence, and that pendency of the criminal case causes her immense hardship), the Court opined that the petitioner's prayer for regular bail needs to be answered affirmatively.

Ratio / Principle

The petition is allowed and the petitioner is directed to be enlarged on bail in Crime No.82/2026 of Chikkajala Police Station (offences under Sections 137(2) and 64(2)(m) of BNS, 2023, Sections 4, 5(l) and 6 of POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006), subject to conditions: execution of personal bond of Rs.1,00,000/- with two sureties for the likesum; regular appearance before the Trial Court; no threatening or tampering with prosecution witnesses; no involvement in similar offences; and not leaving the Trial Court's jurisdiction without permission until disposal of the case.

Detailed headnote1 paragraphs

Bail – Regular bail under Section 483 of BNSS, 2023 – Petitioner (aged 21), accused in Crime No.82/2026 of Chikkajala P.S., Bengaluru, for offences punishable under Sections 137(2) and 64(2)(m) of BNS, 2023, Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006 – FIR registered on first information dated 04.04.2026 of respondent No.2 (mother of the alleged victim, then aged 17, found missing on 03.04.2026); petitioner arrested 08.04.2026 and remanded; his bail application in Crl.Misc.No.4208/2026 rejected by the Trial Court on 19.05.2026 – Victim girl, present with her Advocate, filed affidavit expressing no objection to bail; she claimed to have attained 18 years (Aadhaar Card showing date of birth 23.06.2008), stated she and petitioner are in love, that she left her parents' house voluntarily without undue influence, resides at petitioner's residence, and that pendency of the case causes immense hardship – Court answered the bail prayer affirmatively; petition allowed; petitioner enlarged on bail on a personal bond of Rs.1,00,000/- with two sureties and usual conditions.

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NC: 2026:KHC:34502 CRL.P No. 7542 of 2026

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. 7542 OF 2026

BETWEEN:

SRI GAJENDRA AGED ABOUT 21 YEARS S/O RAMASWAMY R/AT NO.370 B.B ROAD SONNAPPANAHALLI BETTAHALASUR BENGALURU - 562 157.

…PETITIONER

(BY SRI SIDDHARTH SUMAN, ADV.)

AND:

STATE OF KARNATAKA

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

BY CHIKKAJALA P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560 001.

RADHIKA AGED ABOUT 38 YEARS W/O LATE SENDHIL KUMAR R/AT ANJANEYASWAMY TEMPLE TANGARAJU CAMP, VIDYANAGARA C ROSS, YELAHANKA BENGALURU.- 560 064.

…RESPONDENTS

(BY SRI RANGASWAMY R, HCGP FOR R-1; SRI SIRIVANTH B MANJUNATH ADV., FOR R-2)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.82/2026 OF CHIKKAJALA P.S. FOR THE OFFENCE P/U/S 137(2),64(2)(m) OF BNS

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AND SEC.4,5(1),6 OF POCSO ACT AND SEC.9 OF THE CHILD MARRIAGE PROHIBITION ACT.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused in Crime No.82/2026 registered by Chikkajala Police Station, Bengaluru, for the offences punishable under Sections 137 (2) and 64(2)(m) of BNS, 2023, Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.

3. Victim girl, who is present along with her Advocate has filed an affidavit stating that she has no objection to allow the bail petition.

4. FIR in Crime No.82/2026 was registered by Chikkajala Police Station, Bengaluru, initially for the offence punishable

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under Section 137(2) of BNS, 2023, against unknown person based on the first information dated 04.04.2026 received from respondent No.2, who is the mother of the alleged victim girl. In the said case, petitioner and victim were traced. Petitioner was arrested on 08.04.2026 and subsequently, remanded to judicial custody. His bail application filed before the Trial Court in Crl.Misc.No.4208/2026 was rejected on 19.05.2026. Therefore, he is before this Court.

5. FIR in the present case was registered against unknown person after the daughter of the first informant, who was aged 17 years was found missing from her house on 03.04.2026. Subsequently, petitioner and the victim girl, were traced. Petitioner aged 21 years was arrested on 08.04.2026 and remanded to judicial custody. Victim girl has appeared before the Court along with her Advocate and has filed an affidavit stating that she has now attained the age of 18 years and she has produced her Aadhaar Card, which shows that her date of birth is 23.06.2008. She has stated that she and the petitioner are in love and she had voluntarily left her parents' house and accompanied the petitioner out of her free will without there

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being any undue influence. She has also stated that she is presently residing at the petitioner's residence and pendency of this criminal case has been causing immense hardship to her. Considering the aforesaid, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.82/2026 registered by Chikkajala Police Station, Bengaluru, for the offences punishable under Sections 137 (2) and 64(2)(m) of BNS, 2023, Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions:

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;

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;

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

DN

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