NAGARAJ vs THE STATE THROUGH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11320
CRL.P No. 201321 of 2026
CNR: KAHC030095552026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201321 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
NAGARAJ S/O REVAPPA NIMBARGI,
AGED ABOUT 30 YEARS,
OCC: GRAPHIC DESIGNER,
R/O: TAJ SULTANPUR, KALABURAGI.
…PETITIONER
(BY SRI SHIVAKUMAR MALIPATIL, ADVOCATE)
AND:
1. THE STATE THROUGH
SUB-URBAN PS,
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH, KALABURAGI.
2. REVANASIDDAPPA
S/O CHANNAMALLAPPA LAGASHETTY,
AGED ABOUT 48 YEARS,
OCC: DRIVER, R/O: TAJ SULTANPUR,
KALABURAGI (FATHER AND NATURAL
GUARDIAN OF VICTIM)
…RESPONDENTS
(BY SRI SIDDALING P.PATIL, ADDL. SPP FOR R1;
SRI KRUPA SAGAR PATIL, ADVOCATE FOR R2)
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC-K:11320
CRL.P No. 201321 of 2026
CNR: KAHC030095552026
THIS CRL.P IS FILED UNDER SECTION 482 OF BNSS
(UNDER SECTION 438 OF CR.P.C), PRAYING TO ALLOW THE
PETITION AND ENLARGE THE PETITIONER HEREIN ON
ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE
TO RELEASE THE PETITIONER HEREIN ON BAIL, IN THE
EVENT OF HIS ARREST IN CRIME NO.168/2026 UNDER
SECTION 64(2)(M) OF BNS, 2023 AND UNDER SECTIONS 4 AND
6 OF POCSO ACT, 2012 OF SUB-URBAN P.S. KALABURAGI IN
THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR DICTATING 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 and
learned Additional State Public Prosecutor (for short
‘Addl. SPP’) for the respondent No.1 and 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 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023 for directing the respondent
Police to release him on bail in the event of his arrest in
Crime No.168/2026 of the respondent No.1 Police for
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HC-KAR
NC: 2026:KHC-K:11320
CRL.P No. 201321 of 2026
CNR: KAHC030095552026
the offence punishable under Section 64(2)(m) 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’), pending before the
Special Court, Kalaburagi.
3. The learned Addl. SPP for the respondent
No.1 has orally objected to the petition submitting that
the offence alleged against the petitioner is heinous
offence, punishable under Section 6 of the POCSO Act
along with other offences. The petitioner has been
absconding from the date of registration of the case and
he was not available to the Investigating Officer for
investigation. No any special ground is made out by the
petitioner to grant anticipatory bail in his favour. Hence,
the learned Addl. SPP has sought for dismissal of the
petition.
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HC-KAR
NC: 2026:KHC-K:11320
CRL.P No. 201321 of 2026
CNR: KAHC030095552026
4. The learned counsel for the respondent No.2
submits that the respondent No.2 has no objection to
the petition and necessary orders may be passed on the
petition.
5. The prosecution was set into motion against
the petitioner on 20.07.2026 in view of the information
received from the Basaveshwara Hospital, Kalaburagi, in
view of the fact that the victim girl gave birth to a child.
6. The case alleged against the petitioner is that
he married the victim on 05.06.2025. Thereafter, the
victim became pregnant. On 19.07.2022 at about 10.00
p.m., the victim, who is daughter of the complainant
was admitted in the Basaveshwara Hospital, Kalaburagi
for delivery and on the same day at about 10.30 p.m.,
she gave birth to a child. On the basis of Adhaar Card,
the date of birth of the victim is 26.12.2007. Hence, she
being the child within the meaning of POCSO Act as on
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NC: 2026:KHC-K:11320
CRL.P No. 201321 of 2026
CNR: KAHC030095552026
the date of marriage and also as on the date of giving
birth to the child, the case is registered against the
petitioner for the alleged offences.
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 offence. There is no any forcible sexual assault on
the victim, as the victim was given in marriage to the
petitioner. The victim was residing with the petitioner
and she became pregnant and hence, there is no case
against the petitioner for the alleged offence.
8. It is pertinent to note that even though the
marriage of the victim was solemnized with the
petitioner on 05.06.2025 and the victim was residing
with the petitioner till the date of complainant giving
complaint, no case was registered against the petitioner
on the complaint of any of the persons including the
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CRL.P No. 201321 of 2026
CNR: KAHC030095552026
parents of victim for any of the offences. This would
show that there is no motive or intention on the part of
the petitioner to commit any alleged offence.
9. Only on the ground that the victim was within
the age of 18 years as on the date of giving birth to the
child and also as on her alleged marriage with the
petitioner, the offences under POCSO Act are invoked
against the petitioner.
10. Further, it is pertinent to note that the
investigation is already over and the charge sheet is filed
against the petitioner. This would show that the
custodial interrogation of the petitioner is not at all
required by the police in the investigation of the case. It
is true that in the charge sheet, there is note made by
the Investigating Officer that during the investigation,
the petitioner was absconding and hence, after his
apprehension, the Investigating Officer may be
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CRL.P No. 201321 of 2026
CNR: KAHC030095552026
permitted to take up further investigation of the case
under Section 193(8) of BNSS. Regarding the same,
proper and necessary conditions can be imposed on the
petitioner making him to assist the Investigating Officer
in further investigation of the case.
11. As per the complaint averments, it is
undisputed fact that the victim was given in marriage to
the petitioner by the parents of victim and there was no
objection by anybody to the said marriage. Hence, only
for the reason that the petitioner is required for further
investigation cannot be a reason for detaining him in
judicial custody.
12. It is pertinent to note that the respondent
No.2, who is de facto complainant in the case and also
father of the victim has no objection to grant
anticipatory bail in favour of the petitioner. This would
show that even if the bail is granted, there is no chance
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of petitioner tampering with prosecution witnesses and
hampering further investigation of the case. Further, in
the interest of child born to the victim, the presence of
petitioner, he being the father may be very much
necessary. Therefore, on this ground also, there is no
reason to deny benefit of anticipatory bail to the
petitioner.
13. Any of the apprehensions of the Addl. SPP
can be suitably met with by imposing proper and
necessary conditions on the petitioner to assist the
Investigating Officer in further investigation of the case,
if any, even though the final report is already filed.
Moreover, the case registered against the petitioner
being under Sections 4 and 6 of the POCSO, the medical
examination is very much required in the case.
Therefore, if proper conditions are imposed on the
petitioner while granting bail, there is absolutely no
reason to deny anticipatory bail to the petitioner. Hence,
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CRL.P No. 201321 of 2026
CNR: KAHC030095552026
the petitioner has made out sufficient grounds to grant
anticipatory bail as sought for and consequently, the
petition deserves to be allowed.
14. In the result, I proceed to pass the following:
ORDER
The Criminal Petition is allowed.
Consequently, the respondent Police is
directed to release the petitioner/ accused on bail
in the event of his arrest in the case in Crime
No.168/2026 of the respondent No.1 Police for the
offences punishable under Section 64(2)(m) of
Bharatiya Nyaya Sanhita, 2023 and Sections 4 and
6 of Protection of Children from Sexual Offences
Act on his executing personal bond for a sum of
Rs.2,00,000/- with two sureties for the like sum to
the satisfaction of the Investigating Officer, subject
to the following conditions that:
a) The petitioner shall surrender before
the respondent No.1 Police within 15
days from the date of receipt of copy
of this order.
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CRL.P No. 201321 of 2026
CNR: KAHC030095552026
b) He shall appear before the
respondent Police as and when
required and he shall assist the
Investigating Officer in further
investigation of the case, if any.
c) He shall appear before the learned
Special Judge as and when directed
in the case.
d) He shall not tamper with
prosecution witnesses and also shall
not hamper further investigation of
the case in any manner, and
e) He shall not commit similar offences
or any offence during the pendency
of case.
If the petitioner violates any of the conditions of the
bail, the prosecution is at liberty to seek for cancellation
of bail before the trial Court.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 26