SRI SURESH S V vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60088
CRL.P No. 11319 of 2026
CNR: KAHC010520172026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11319 OF 2026
BETWEEN:
SRI. SURESH S.V,
S/O VENKATARAVANAPPA,
AGED ABOUT 37 YEARS,
R/A BATLAHALLI VILLAGE
CHINTAMANI TALUK,
CHIKKABALLAPUR DISTRICT - 563 123.
…PETITIONER
(BY SRI. DEVENDRA N, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BATLAHALLI POLICE STATION,
CHIKKABALLAPUR
REPRESENTED BYSTATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2.
CHILD WELFARE COMMITTEE
CHIKKABALAPUR,
CHIKKABALLAPUR DISTRICT - 562 101.
3. XXX
REP. BY HER NATURAL GUARDIAN / MOTHER -
SMT. ARUNA
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
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NC: 2026:KHC:60088
CRL.P No. 11319 of 2026
CNR: KAHC010520172026
W/O MANOHARA,
AGED ABOUT 35 YEARS,
R/A BATLAHALLI VILLAGE.
CHINTAMANI TALUK,
CHIKKABALLAPUR DISTRICT - 563 123.
…RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1;
SMT. YAMINI MUNIRAJ, ADVOCATE FOR R3;
R2 - SERVED)
THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483
BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME
NO.0038/2026 LATER REGISTERED AS SPL.SC NO.132/2026
FOR THE OFFENCES P/U/S 65(1), 126(2), 351(2) OF BNS 2023
AND SECTIONS 4(2), 5(J)(II) AND 6 OF THE POCSO ACT 2012
REGISTERED BY BATLAHALLI POLICE STATION 1ST
RESPONDENT HEREIN AS BAIL APPLICATION FILED BY THE
PETITIONER IN SPL.SC NO.132/2026 BEFORE THE COURT OF
ADDL.SESSIONS JUDGE AND FAST TRACK SPECIAL COURT-I
(POCSO) AT CHIKKABALLAPURA WAS REJECTED VIDE ORDER
DATED 21.07.2026 COUPLED WITH.
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 Special S.C.No.132/2026 pending before
the Court of Additional District and Sessions Judge, FTSC-
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HC-KAR
NC: 2026:KHC:60088
CRL.P No. 11319 of 2026
CNR: KAHC010520172026
I(POCSO), Chikkaballapura arising out of Crime
No.38/2026 registered by Bhatlahalli Police Station,
Chikkaballapura for offences punishable under Sections
65(1), 126(2), 351(2) of BNS 2023 and Sections 4(2),
5(j)(ii), 6 of Protection of Children from Sexual Offence
Act, 2012 is 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.38/2026 was registered by
Batlahalli Police Station, Chikkaballapura for offences
punishable under Sections 65(1) of BNS, 2023, Section
4(2), 5(j)(ii), 6 of POCSO, 2012 against the petitioner
herein based on the first information dated 10.04.2026
received from the victim girl aged 14 years.
4. In the said case, petitioner was arrested on
11.04.2026 and remanded to judicial custody after
completing investigation charge sheet has been filed
against him for the aforesaid offences. His bail application
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HC-KAR
NC: 2026:KHC:60088
CRL.P No. 11319 of 2026
CNR: KAHC010520172026
filed before the Trial Court in Special S.C. No.132/2026
was rejected on 21.07.2026. Therefore he is before this
Court.
5. Learned counsel for the petitioner after reiterating
the grounds urged in the petition submits that DNA test
report does not support the allegation against the
petitioner and he has been falsely implicated in the
present case. Accordingly prays to allow the petition.
Per contra
6. learned High Court Government Pleader
and learned counsel for respondent No.2 have opposed the
petition. Learned counsel for respondent No.2 submits that
petitioner had approached the Trial Court on multiple
occasions but his bail applications were rejected. He
submits that victim girl has made strong allegations
against the petitioner and in the event he is enlarged on
bail the chances of he tampering with the material charge
sheet witnesses cannot be ruled out. Accordingly she
prays to dismiss the petition.
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CRL.P No. 11319 of 2026
CNR: KAHC010520172026
7. In the first information submitted by the victim girl
on 10.04.2026 she has alleged that petitioner who is her
neighbor is acquainted to her. In the year 2025 during
Dasara vacation when she was at home, petitioner had
summoned her to his house and thereafter locked the door
of his house and had forcible sexual intercourse with her.
Subsequently, she had missed her menstrual periods and
therefore she was taken to hospital and the doctor after
medically examining her, informed her mother that victim
girl was pregnant. Under the circumstances, she had
approached the police on 10.4.2026 and based on her first
information FIR was registered against the petitioner
invoking the aforesaid offences. Investigation of the case
is now completed and charge sheet is filed.
8. Material on record would go to show that victim
girl has given birth to a female baby. The DNA test report
dated 28.09.2026 made available to this Court by learned
High Court Government Pleader would go to show that the
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DNA profile result of the female baby born to the victim is
not matching with the DNA profile result of the petitioner
and it is stated that the petitioner is excluded for being the
biological father of the female baby born to the victim girl.
9. Learned counsel for the petitioner has brought to
the notice of this Court that petitioner is married man
having minor children and he is the sole bread winner of
the family.
10. In view of the aforesaid aspects of the matter, I
am of the opinion that prayer made by the petitioner for
grant of regular bail needs to be answered affirmatively..
Accordingly, the following:
11. Accordingly, the following :
O R D E R
allowed
The Criminal Petition is . The petitioner is
directed to be enlarged on bail in Spl.S.C.No.132/2026
pending before the Court of Additional District and
Sessions judge FTSC-I (POCSO), Chikkaballapura arising
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CRL.P No. 11319 of 2026
CNR: KAHC010520172026
out of Crime No.38/2026 registered by Bhatlahalli Police
Station, Chikkaballapura for the offences punishable under
Sections 65(1), 126(2), 351(2) of BNS 2023 and Sections
4(2), 5(j)(ii), 6 of Protection of Children from Sexual
Offence Act, 2012, subject to the following conditions:
a)
Petitioner shall execute 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;
d) The petitioner shall not involve in similar
offences in future;
e) The petitioner shall not leave the
jurisdiction of the Trial Court without
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CRL.P No. 11319 of 2026
CNR: KAHC010520172026
permission of the said Court until the case
registered against him is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
VS
List No.: 1 Sl No.: 54