PULENDRA @ AKSHYAKUMAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10103
CRL.P No. 200943 of 2026
CNR: KAHC030074302026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 24 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.200943 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
PULENDRA @ AKSHYAKUMAR S/O PRAKASH,
AGE: 26 YEARS, OCC: COMPUTER OPERATOR,
R/O MAILOR, BIDAR, TQ. AND DIST. BIDAR,
NOW AT WADAGAO D VILLAGE,
TQ. AND DIST. BIDAR.
…PETITIONER
(BY SRI. GANESH NAIK & SRI. SANDEEP V. PATIL, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA THROUGH
BIDAR WOMEN POLICE STATION,
DIST. BIDAR, REPRESENTED BY
ADDL. SPP, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
2.
SMT. NEELAMMA W/O SANJUGONDA,
AGE: 37 YEARS, OCC: HH,
R/O KOLLUR VILLAGE,
TQ. AURAD (B), DIST. BIDAR.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI. SHARANGOUDA V. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C/ SEC.483 OF BNSS, PRAYING TO, ALLOW THE
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NC: 2026:KHC-K:10103
CRL.P No. 200943 of 2026
CNR: KAHC030074302026
PETITION AND ENLARGE THE PETITIONER ON BAIL IN
SPL.C.NO.48/2026 (CRIME NO.37/2026 OF RESPONDENT/
BIDAR WOMEN POLICE STATION, DIST. BIDAR) FOR THE
OFFENCES PUNISHABLE U/SEC.64(2)(M), 137(2), 351(2) OF
BNS, 2023 AND SECTIONS 4 AND 6 OF POCSO ACT, PENDING
BEFORE THE COURT OF THE ADDL. DISTRICT AND SESSIONS
JUDGE, AT BIDAR, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard learned counsel for the petitioner, learned
High Court Government Pleader for the respondent No.1
and also learned counsel for respondent No.2 on the
petition. Perused the relevant materials on record.
2. This petition is filed by the petitioner/
accused under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 praying for an order to release
him on bail in Special Case No.48/2026 pending before
the learned Additional District and Sessions Judge,
Bidar arising out of Crime No.37/2026 of the
respondent No.1 Police for the offences punishable
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CRL.P No. 200943 of 2026
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under Sections 64(2)(m), 137(2) and 351(2) of Bharatiya
Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 4
and 6 of Protection of Children from Sexual Offences Act
(for short ‘POCSO Act’).
3. Learned HCGP has orally objected to the
petition submitting that the investigation is already over
and the charge sheet is filed against the petitioner.
There is sufficient material against the petitioner for the
offence punishable under Section 6 of POCSO Act,
which is heinous offence punishable with rigorous
imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment
for life, which shall mean imprisonment for the
remainder of natural life of that person.
4. Moreover, considering the contents of
complaint given by the mother of victim, there is chance
of the petitioner tampering with prosecution witnesses
and hampering trial of the case, if he is released on bail
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at this stage. Therefore, the learned HCGP has sought
for dismissal of the petition.
5. Learned counsel for the respondent No.2 has
also objected to the petition submitting that there is
prima facie case against the petitioner for the alleged
offence, which is heinous offence. The charge sheet is
filed and the case is registered against the petitioner.
Hence, at this stage if the petitioner is released on bail,
there is chance of him hampering trial of the case.
Therefore, the learned counsel for the respondent No.2/
de facto complainant has also sought for dismissal of
the petition.
6. The case alleged against the petitioner is that
the victim is daughter of the de facto complainant and
she is aged 17 years. The allegation made against the
petitioner is that for the last one year, the petitioner got
acquainted with the victim and he was promising her
that he loved her and he would marry her. On
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24.02.2025 at 04.00 p.m., forcibly took the victim to his
online center at Wadgaon village and committed forcible
sexual intercourse and thereafter, on several occasions,
he committed sexual intercourse with the victim on the
promise that he would marry her. On the pretext of
marriage, he committed sexual assault on her and
threatened her that if she disclosed the fact to anybody,
he would kill her. Thereafter, the victim informed the
same to the mother and the complaint was lodged by
the respondent No.2.
7. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the
offences alleged against him and he has not committed
any such offences. The learned counsel for the
petitioner has drawn attention of this Court to the
statement of the victim given before the police and also
statement of the victim recorded by the learned
Magistrate under Section 183 of BNSS and on the basis
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of the contents of those statements, the submission of
the learned counsel for the petitioner is that there are
contradictions in the statements of the victim.
8. It is true that certain facts were elicited from
the statement of the victim recorded by the learned
Magistrate. However, there are sufficient materials
against the petitioner for the offence punishable under
Section 6 of POCSO Act. Further, the fact that the
victim is aged 17 years as on the date of filing of
complaint is not disputed by the petitioner.
9. If the complaint averments and the statement
given by the victim before the learned Magistrate are
taken into consideration, it is clear that since one(1)
year as on the date of complaint, the petitioner had
been subjecting the victim to sexual assault.
10. At the initial stage, the victim was aged about
16 years only. Moreover, as submitted by the learned
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HCGP, the investigation is already over and the charge
sheet is filed against the petitioner. Therefore, the
contention of the petitioner that he is innocent of the
offences alleged against him does not merit
consideration at this stage.
11. Moreover, as submitted by the learned HCGP,
the offence alleged against the petitioner is punishable
under Section 6 of POCSO Act along with other offences,
which is heinous offence punishable with rigorous
imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment
for life, which shall mean imprisonment for the
remainder of natural life of that person.
12. Further, the statement of the victim recorded
by the learned Magistrate and also the complaint
averments would show that if the petitioner is released
on bail at this stage, there is chance of him tampering
with prosecution witnesses and thereby, hampering trial
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of the case. There is no any special ground made out by
the petitioner to grant bail in his favour.
13. Moreover, as per the prosecution papers on
record, the petitioner was arrested on 19.04.2026 and
since then, he has been in judicial custody. Hence, as
on this day, the petitioner has been in judicial custody
for the period of five(5) months. But considering the
gravity of offences and punishment for the alleged
offences, mere fact that the petitioner has been in
judicial custody for the period of five(5) months cannot
be ground to grant bail in his favour.
14. It is true that the bail rule and jail is an
exception and the accused cannot be kept in judicial
custody during pretrial stage as punishment for the
alleged offences. However, every case should be
considered based on the facts of each case. As
mentioned hereinabove, if the allegations made against
petitioner are considered, it is clear that if the petitioner
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CRL.P No. 200943 of 2026
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is released on bail at this stage, there is chance of him
hampering trial of the case. There is absolutely no any
special ground made out by the petitioner to grant bail
in his favour. Therefore, the petitioner has failed to
make out any ground to grant bail in his favour.
15. It is true that the learned counsel for the
petitioner has drawn attention of this Court to the order
dated 10.02.2026 of the Coordinate Bench of this Court
in Criminal Petition No.16800/2025 in the case of
Dhananjay Vs. State of Karnataka and another,
wherein it is held that the victim girl is aged 15 years
and 8 months as on the date of incident, she is of the
age of understanding the consequences of the facts, the
petitioner is in judicial custody since 10.06.2025, as the
charge sheet is filed, he is not required for further
custodial interrogation and there are no criminal
antecedents of the petitioner.
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16. However, in the case on hand, as discussed
hereinabove, considering the discrepancies in the
statement of the victim given before the police and the
statement given before the learned Magistrate, it would
be clear that if the petitioner is released on bail earlier
to examination of the victim by the trial Court in the
case, there is chance of trial being hampered.
17. Further, the allegation against the petitioner
is that he committed sexual assault on the pretext of
marrying the victim and thereby, he refused to marry.
Moreover, he threatened the victim and her mother with
dire consequences. Hence, the above referred decision of
the Coordinate Bench of this Court does not help the
petitioner to make out ground to grant bail as sought
for. Consequently, this petition is liable to be dismissed.
18. In the result, I proceed to pass the following:
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CRL.P No. 200943 of 2026
CNR: KAHC030074302026
ORDER
(a) The criminal petition is hereby dismissed.
(b) However, the petitioner is at liberty to
move trial Court for bail after examination
of the victim in the case, if so advised.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 13
CT: SB