MUTTAPPA @ MUTTU vs STATE BY KENGERI POLICE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60755
CRL.P No. 3865 of 2026
CNR: KAHC010175772026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3865 OF 2026
BETWEEN:
MUTTAPPA @ MUTTU
S/O TAYAPPA
AGED ABOUT 21 YEARS
RESIDING AT SHIRKE
NEAR SHED,
SHIVANAPALYA
KENGERI, BENGALURU.
…PETITIONER
(BY SRI. NATARAJU N, ADVOCATE)
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
AND:
1. STATE BY KENGERI POLICE
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
2. SHARADAMMA
W/O AMBALAPPA
AGED ABOUT 44 YEARS
RESIDING AT SHED,
NEAR SHIRKE APARTMENT,
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HC-KAR
NC: 2026:KHC:60755
CRL.P No. 3865 of 2026
CNR: KAHC010175772026
SHIVANAPALYA,
KENGERI UPANAGARA
BENGALURU,
MOTHER OF VICTIM.
…RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1; R2 - SERVED)
THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS)
PRAYING TO GRANT BAIL BY ALLOWING THE PETITION IN
CR.NO.300/2025 (SPL.CC.NO.1764/2025) PENDING BEFORE
THE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-V,
BENGALURU, FOR THE OFFENCES P/U/S 87, 64(2)(m), 65(1)
OF BNS, 2023, U/S 4(2), 6 OF POCSO ACT AGAINST THE
PETITIONER.
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 Spl.C.C.No.1764/2025 pending before the
Court of Additional City Civil and Sessions Judge - FTSC - V,
Bengaluru, arising out of crime No.300/2025 registered by the
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HC-KAR
NC: 2026:KHC:60755
CRL.P No. 3865 of 2026
CNR: KAHC010175772026
Kengeri Police Station for the offences punishable under
Sections 87, 64(2)(m) and 65(1) of Bharatiya Nyaya Sanhita,
2023 ('the BNS' for short) and Sections 4(2) and 6 of Protection
of Children from Sexual Offences Act, 2012 ('POCSO Act' for
short) is before this Court in this petition filed under Section
483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in crime No.300/2025 was registered by the
Kengeri Police Station, Benglauru for the aforesaid offences
against the petitioner herein, based on the first information
dated 21.06.2025 received from respondent No.2, who is the
mother of the victim. In the said case, during the course of
investigation, petitioner was arrested on 22.06.2025 and
remanded to judicial custody. After completing investigation,
charge sheet is filed against him for the aforesaid offences. His
bail application filed before the Trial Court in Crl. Misc.
No.821/2026 was rejected on 09.02.2026. Therefore, he is
before this Court.
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HC-KAR
NC: 2026:KHC:60755
CRL.P No. 3865 of 2026
CNR: KAHC010175772026
4. In first information dated 21.06.2025 is alleged that
daughter of the first informant, who is the alleged victim in the
present case was subjected to medical examination and Doctor
had informed first informant that her daughter was pregnant.
On enquiry, the victim girl had allegedly informed her mother
that the petitioner was the cause for her pregnancy. It is under
these circumstances, FIR was registered against the petitioner
for the aforesaid offences.
5. During the course of investigation, the petitioner
was arrested and remanded to judicial custody. Statement of
the victim girl under Section 183 of the BNSS was recorded in
the said case by the Court of Judicial Magistrate on 25.06.2025.
In the said statement, the victim girl has stated that she and
the petitioner were in love for the last 2 years and she used to
go along with him to the park etc., She has stated that
petitioner had taken her to an under construction building and
in the said place, he had sexual intercourse with her with a
promise to marry her. Thereafter, she had accompanied the
petitioner to the said under construction building 5 to 6 times
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HC-KAR
NC: 2026:KHC:60755
CRL.P No. 3865 of 2026
CNR: KAHC010175772026
and had sexual intercourse with him and as a result, she had
missed her menstrual period. After seeing her stomach while
she was taking bath, her mother got suspicious and therefore,
she was taken to hospital where she was medically examined.
Doctor subsequently informed her mother that the victim girl
was pregnant and therefore, FIR was registered against the
petitioner.
6. Learned High Court Government Pleader has
brought to the notice of this Court that before the trial Court
victim girl, her parents and brother have been now examined
completely.
7. Since all the material charge sheet witnesses are
already examined, there cannot be any apprehension that the
petitioner may tamper with the said witnesses. Petitioner aged
21 years having no other criminal antecedents is in custody for
more than 16 months. Considering the facts and circumstances
of the case, the relationship between the petitioner and the
victim girl and also the stage of the case, I am of the opinion
that the prayer for grant of regular bail needs to be answered
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HC-KAR
NC: 2026:KHC:60755
CRL.P No. 3865 of 2026
CNR: KAHC010175772026
affirmatively, subject to appropriate conditions. Accordingly,
the following:
O R D E R
allowed
(i) The criminal petition is . The petitioner is
directed to be enlarged on bail in Spl.C.C.No.1764/2025
pending before the Court of Additional City Civil and Sessions
Judge - FTSC - V, Bengaluru arising out of crime No.300/2025
registered by Kengeri Police Station for the offences punishable
under Sections 87, 64(2)(m) and 65(1) of the BNS and
Sections 4(2) and 6 of the POCSO Act, 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;
c) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
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CRL.P No. 3865 of 2026
CNR: KAHC010175772026
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
JY
List No.: 1 Sl No.: 37