SANTOSH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10877
CRL.P No. 201265 of 2026
CNR: KAHC030099712026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 6 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201265 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SANTOSH
S/O SANJU KUMAR,
AGE : 17 YEARS,
OCC : STUDENT,
U/G OF HIS FATHER
SANJUKUMAR
S/O MANIK,
AGED : 44 YEARS,
OCC : LABOUR,
R/O: VILLAGE GADGI,
TQ : AND DIST : BIDAR – 585 401.
…PETITIONER
(BY SRI SANTOSH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH BIDAR WOMAN POLICE STATION,
DIST : BIDAR – 585 401.
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH 585 107.
2. SRI NELSON
S/O DEVIDAS,
AGE : 37 YEARS,
OCC : SOCIAL WORKER,
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC-K:10877
CRL.P No. 201265 of 2026
CNR: KAHC030099712026
DISTRICT CHILD PROTECTION UNIT,
BIDAR 585 401.
…RESPONDENTS
(BY SRI JAMADAR SAHABUDDIN, HCGP FOR R1;
NOTICE TO R2 IS SERVED)
THIS CRL.P. IS FILED U/SEC. 483 OF BNSS (439 OF
CR.P.C), PRAYING TO GRANT THE REGULAR BAIL TO THE
PETITIONER/ CCL IN SPL. CASE (POCSO) NO.28/2026 (BIDAR
WOMAN P.S. CRIME NO.58/2025) PENDING ON THE FILE OF
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BIDAR FOR
THE OFFENCES PUNISHABLE U/SEC. 137(2), 64(2)(M), 65(1),
352, 351(2) OF BNS 2023 AND U/SEC. 4 AND 6 OF POCSO ACT,
AND SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT IN THE
INTEREST OF JUSTICE.
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 the learned counsel for the petitioner and
also the learned HCGP for the respondent/ State on the
petition. Perused the relevant materials on record.
2. This petition is filed by the petitioner/ CCL
under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (for short ‘ BNSS ’), praying for an order to
release him on bail in the case in Spl.Case (POCSO) No.
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NC: 2026:KHC-K:10877
CRL.P No. 201265 of 2026
CNR: KAHC030099712026
28/2026 pending on the file of the learned I Additional
District and Sessions Judge at Bidar arising out of
Crime No.58/2025 for the offences punishable under
Sections 137(2), 64(2)(m), 65(1), 352, 351(2) read with
Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short
‘BNS’) and Sections 4, and 6 of POCSO Act and Section
9 of Prohibition of Child Marriage Act.
3. The learned HCGP for the respondent No.1
has orally objected to the petition submitting that the
investigation is already completed and the charge sheet
is filed against the petitioner and other accused
persons. There is prima facie case against the
petitioner. The offence alleged against the petitioner is
heinous offence punishable with 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. If the petitioner is released on bail, there is
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NC: 2026:KHC-K:10877
CRL.P No. 201265 of 2026
CNR: KAHC030099712026
chance of him absconding and it will cause delay in
disposal of the case before the trial Court. There is also
chance of petitioner committing similar offence. Hence,
the learned HCGP has sought for dismissal of the
petition.
4. The prosecution was set into motion against
the petitioner on the complaint of respondent No.2
alleging that on 04.08.2024, the petitioner took the
victim to Barida Shahi garden and committed sexual
intercourse on her and later on 04.10.2024 again he
took the victim to Medak Church and by tying thali to
her neck married her and took the victim to his parents
house and stayed there together for a period of 20 days.
During the said period also, the petitioner committed
forcible sexual intercourse on the victim and later
intimidated the victim to go out of the house by
removing thali and toe ring. Thereafter, on 04.12.2024,
when the parents of the victim took her to the
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CRL.P No. 201265 of 2026
CNR: KAHC030099712026
petitioner’s house, the petitioner and his parents
insulted and intimidated the victim. Later the victim
herself informed the child help line on 06.02.2025 and
after enquiry the complainant lodged complaint on
01.07.2025 and the case was registered. The respondent
police after completion of investigation has filed charge
sheet against the petitioner and others. Hence, the
petitioners have committed the alleged offences.
5. 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 offences as alleged. But, as pointed out by the
learned HCGP, the prosecution papers on record would
show that the date of birth of the petitioner is
12.12.2006 and the alleged incident took place on
04.08.2024. Therefore, as on the date of alleged
incident, the petitioner was child within the age of 18
years. However, the complaint was given on 06.02.2025
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by the victim to the Child Helpline and thereafter on the
complaint of respondent No.2, FIR was registered on
04.09.2025.
6. As submitted by learned counsel for the
petitioner, there is delay of more than nine (9) months
in filing the complaint. As on the date of filing of
complaint, the victim attained majority and she was
aged more than 18 years. However, the prosecution
papers on record would show that the date of birth of
the victim is 03.08.2010 and even on this day, she is
aged within 18 years and hence, she is ‘child’ within the
meaning of POCSO Act.
7. As submitted by learned HCGP, the
investigation is already completed and the charge sheet
is filed against the petitioner for the alleged offences in
addition to Section 4 and 6 of POCSO Act which are
heinous offences. Therefore, any of the contentions of
learned counsel for the petitioner that the petitioner is
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CRL.P No. 201265 of 2026
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innocent of the offences alleged and he has not
committed any of such offences does not merit
consideration at this stage.
8. However, the learned counsel for the
petitioner has produced copy of deposition of the victim
and her parents recorded by the trial Court in the case.
As per the those documents, the victim and her parents
have not supported the case of prosecution and they
have turned hostile to the prosecution case. Therefore,
as submitted by learned counsel for the petitioner, as
the victim and material witnesses have turned hostile to
the case of prosecution, there is absolutely no reason to
detain the petitioner in judicial custody during the
pendency of the case. There is no special ground made
out by the respondent police to deny bail to the
petitioner.
9. It is pertinent to mention herein that even if
the petitioner is released on bail at this stage, it is not
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CRL.P No. 201265 of 2026
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the acquittal of the petitioner in the case on hand, as
the trial of the case has to be continued. The official
witnesses and the Doctor have to be examined in the
case before the trial Court.
10. As submitted by the learned counsel for the
petitioner and also as forthcoming from the papers on
record, it would be clear that the petitioner has been in
Observation home since 08.09.2025 and thereafter as
per the order dated 11.08.2026 of the learned Addl.
Sessions Judge, the petitioner was tried as an adult
under Section 19 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (for short ‘the JJ Act’)
and petitioner has been shifted to the ‘place of safety’.
11. It is well settled that the bail is rule and jail is
an exception. The accused should not be allowed to be
detained in place of safety at pre-trial stage as
punishment for the alleged offence, that too when the
case is not supported by the victim and material
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witnesses before the trial Court. There is no material
forthcoming from the respondent Police to show that
there are any antecedents of the petitioner that he
committed similar offences or any offence earlier.
Hence, absolutely, there is no reason to deny bail to the
petitioner.
12. Any of the apprehensions of the learned
HCGP can be suitably met with by imposing proper and
necessary conditions on the petitioner while granting
regular bail in his favour making him to assist the trial
Court in trial of the case. There is absolutely no any
special ground made out by the respondent Police to
deny bail to the petitioner. Hence, the petitioner has
made out sufficient grounds for granting bail in his
favour and consequently, the petition deserves to be
allowed.
13. In the result, I proceed to pass the following:
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CRL.P No. 201265 of 2026
CNR: KAHC030099712026
ORDER
i. The Criminal Petition is allowed.
ii. Consequently, the petitioner/CCL shall be
enlarged on bail in the case in Spl.Case
(POCSO) No.28/2026 arising out of Crime
No.58/2025 pending on the file of learned I
Additional District and Sessions Judge, Bidar
for the offences punishable under Sections
137(2), 64(2)(m), 65(1), 352, 351(2) read with
Section 3(5) of Bharatiya Nyaya Sanhita,
2023 (for short ‘BNS’) and Section 4 and 6 of
POCSO Act and Section 9 of Prohibition of
Child Marriage Act, on his executing personal
bond for Rs.2,00,000/- with two sureties for
the like sum to the satisfaction of the trial
Court/ Special Court subject to the following
conditions that:
a) The petitioner/ CCL shall appear before
the trial Court/ Special Court as and
when directed and he shall assist the
trial Court/ Special Court in trial of the
case.
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b) He shall not contact or meet the victim
and also her parents in any manner, till
the disposal of the case.
c) He shall not tamper with prosecution
witnesses and shall not hamper further
investigation, if any and trial of the case
in any manner, and
d)
He shall not commit similar offences or
any offence during the pendency of
case.
If the petitioner violates any of the conditions of
bail, the bail granted in his favour shall stand
cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
MBB
List No.: 1 Sl No.: 10