SRI.NIKIL @ NIKIL KUMAR, vs THE STATE OF KARNATAKA,
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
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. 13563 OF 2026
(439(Cr.PC) / 483(BNSS))
BETWEEN:
SRI.NIKIL @ NIKIL KUMAR,
S/O.LATE LAKSHMIPATHI,
AGED ABOUT 27 YEARS,
R/A. CHIKKANAGAVALLI VILLAGE,
MANDIKALLU HOBALI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA -562 101
…PETITIONER
(BY SRI. NANJUNDA GOWDA M R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY PERESANDRA POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DR. AMBEDKER VEEDHI,
BENGALURU-560 001
2. SMT.SASHIKALA,
W/O. LATE.NARAYANASWAMY,
AGED ABOUT 36 YEARS,
Digitally signed
by NANDINI D
Location: HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
R/A. CHIKKANAGAVALLI VILLAGE,
MANDIKALLU HOBALI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA -562 101
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1
R2 SERVED)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL SC
NO.113/2026 ARISING OUT OF CRIME NO.70/2026 OF
PERESANDRA POLICE STATION WHICH IS NOW PENDING ON
THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT CHIKKABALLAPURA FOR THE OFFENCES
PUNISHABLE SECTION 65(1) OF BNS AND SECTION 4, 17 OF
POCSO 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
Accused in Spl.SC No.113/2026 pending before the
Court of IV Addl. District and Sessions Judge,
Chikkaballapura, arising out of Crime No.70/2026
registered by Peresandra Police Station, Chikkaballapura
for the offences punishable under Section 65(1) of BNS,
2023 and Sections 4 and 17 of the POCSO Act, 2012, is
- 3 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
before this Court in this petition filed under Section 483 of
BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.70/2026 was registered by
Peresandra Police Station, Chikkaballapura for the
aforesaid offences against petitioner herein based on the
first information dated 29.03.2026 received from the
victim girl aged 17 years 3 months. During the course of
investigation of the said case, the petitioner was arrested
on 29.03.2026 and remanded to the judicial custody. After
completing the investigation, charge sheet is filed against
him for the aforesaid offences. His bail application filed
before the Trial Court in Special SC No.113/2026 was
rejected on 04.07.2026. Therefore, he is before this Court.
4. Material made available to this Court by the
learned counsel for the petitioner would go to show that
the petitioner and the victim girl hail from the same
- 4 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
village. Mother of the victim girl had earlier approached
the very same Police Station and based on her first
information, FIR in Crime No.27/2026 was registered
against the petitioner and his friend who is arrayed as
accused No.2 in the present case with the allegation that
accused named therein had taken the minor daughter of
the first informant along with them.
5. During the course of investigation, the accused
named in the FIR as well as the victim girl were traced. It
was found that petitioner and victim girl had got married
to each other in a temple. It is under these circumstances,
FIR was registered in Crime No.27/2026 for the offences
punishable under Section 137(2) of BNS, 2023, Sections 8,
11(iv) and 12 of POCSO Act and Sections 9 and 11 of
Prohibition of Child Marriage Act. The petitioner was
arrested in the said case and was granted regular bail by
the Trial Court on 09.03.2026.
- 5 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
6. After the petitioner was released in Crime
No.27/2026, it appears that he had contacted the victim
girl and asked her to pay him some money. Therefore on
28.03.2026, the victim girl had gone near the lake in their
village and handed over a sum of Rs.9,000/- to the
petitioner. Thereafter, the petitioner and the victim girl
had sexual intercourse in an isolated place near the lake.
Subsequently, mother of the victim girl came near the lake
and after inquiry with the victim girl, she had approached
the Police and based on the statement of the victim girl,
the present case has been registered. Investigation of the
case is now complete and charge sheet has been filed.
7. In the statement of the victim girl recorded
under Section 183 of BNSS, 2023 in the present case by
the Court of Jurisdictional Magistrate, it is stated that she
is acquainted with the petitioner for the last several years.
Her mother was not liking the petitioner. Therefore, she
had gone with the petitioner and got married in a temple
- 6 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
on 30.01.2026. Subsequently, a case was registered
against the petitioner and he was arrested. After he was
released from bail in the said case, she had gone to meet
him near a lake and handed over a sum of Rs.9,000/- to
him. Since there was nobody near the lake, the petitioner
had sexual intercourse with her. After her mother came to
know about the same, she approached the Police.
8. From the aforesaid it appears that petitioner
aged 27 years and victim girl aged 17 years 3 months who
are in love with each other, got married on 30.01.2026.
Subsequently they had sexual intercourse near the lake
after the petitioner was released from custody in Crime
No.27/2026.
9. Considering the facts and circumstances of the
case and also the age of the petitioner and the victim girl,
I am of the opinion that the prayer made by the petitioner
seeking regular bail needs to be granted, subject to
appropriate conditions. Accordingly, the following:
- 7 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
ORDER
allowed
(i) The petition is . The petitioner is
directed to be enlarged on bail in Spl.SC No.113/2026
pending before the Court of IV Additional District and
Sessions Judge at Chikkaballapura arising out of Crime
No.70/2026 registered by Peresandra Police Station,
Chikkaballapura for the offences punishable under
Sections 65(1) of BNS, 2023 and Sections 4 and 17 of
POCSO Act, subject to the following conditions:
a) The 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;
- 8 -
HC-KAR
NC: 2026:KHC:60998
CRL.P No. 13563 of 2026
CNR: KAHC010609742026
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 of.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
PA
List No.: 1 Sl No.: 58