SHIVARAJ vs THE STATE OF KARNATAKA BY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57899
CRL.P No. 14782 of 2026
CNR: KAHC010662302026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.14782 OF 2026
BETWEEN:
1. SHIVARAJ
S/O SHANKARA NAIKA
AGED ABOUT 28 YEARS
OCC : AUTO RICKSHAW DRIVER
R/O GUTTIKERE LAMBANIHATTY VILLAGE
HOSADURGA TALUK, CHITRADURGA DISTRICT
CHIKKAMGALURU DISTRICT - 577 527.
…PETITIONER
(BY SRI. P.B. UMESH, ADV., FOR
SRI. RAVINDRA B. DESHPANDE, ADV.,)
AND:
1. THE STATE OF KARNATAKA BY
HOSADURGA POLICE STATION
HIRIYUR SUB-DIVISION
CHITRADURGA DISTRICT - 577 527
(REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001).
2. SHRI. HANUMANTHAPPA T
S/O LATE THIMMAPPA
AGED ABOUT 55 YEARS
OCC : WATERMAN WORK
R/O DEVAPURA COLONY
HOSADURGA TALUK
CHITRADURGA DISTRICT - 577 527.
…RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1)
Digitally
signed by
NANDINI D
Location:
HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:57899
CRL.P No. 14782 of 2026
CNR: KAHC010662302026
THIS CRL.P IS FILED U/S.439 OF (FILED U/S.483 BNSS)
CR.P.C. PRAYING TO ENLARGE THE PETITIONER /ACCUSED ON
BAIL IN SPL.C (POCSO) NO.77/2026 PENDING ON TEH FILE OF
THE SPECIAL 2nd ADDL DISTRICT AND SESSIONS JUDGE,
CHITRADURGA (CRIME NO.18/2026 OF HOSADURGA POLICE
STATION CHITRADURGA DISTRICT CHARGE SHEETED FOR THE
OFFENCE P/U/S/ 64(2)(m), 137(2) OF BNS 2023 AND SEC.4, 6
OF POCSO ACT 2012 AND SEC.9 OF PROHIBITION OF CHILD
MARRIAGE ACT 2006 PENDING THE TRIAL.
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.C.(Pocso) No.77/2026 pending before
the Court of II Additional District and Sessions Judge,
Chitradurga, arising out of Crime No.18/2026 registered
by Hosadurga police station, Chitradurga, for the offence
punishable under Section 137(2), 64, 64(2)(m), of the
Bharatiya Nyaya Sanhita (BNS), 2023, Sections 4 and 6 of
the Protection of Children from Sexual Offences Act, 2012
and Section 9 of Prohibition of Child Marriage Act, 2006, is
before this Court in this petition filed under Section 483 of
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HC-KAR
NC: 2026:KHC:57899
CRL.P No. 14782 of 2026
CNR: KAHC010662302026
the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking
regular bail.
2. Heard the learned counsel for the petitioner and
learned High Court Government Pleader for the respondent
No.1-State.
3. Respondent No.2, who is served in the matter,
has remained unrepresented before this Court.
4. FIR in Crime No.18/2026 is registered by
Hosadurga police station, Chitradurga, for the offence
punishable under Section 137(2) of the Bharatiya Nyaya
Sanhita (BNS), 2023, against unknown person based on
the first information dated 08.01.2026 received from
respondent No.2, who is the father of the victim girl aged
17 years 7 months as on the date of registration of FIR.
During the course of investigation of the said case,
petitioner and victim girl were traced together. Petitioner
was arrested on 11.02.2026 and remanded to judicial
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HC-KAR
NC: 2026:KHC:57899
CRL.P No. 14782 of 2026
CNR: KAHC010662302026
custody. Charge sheet is subsequently filed against him for
the aforesaid offence. His bail application filed before the
trial Court in Spl.C.(Pocso) No.77/2026 was rejected on
29.08.2026. Therefore, he is before this Court.
5. The victim girl, who is pursuing her I PUC, aged
17 years 7 months, was missing from her house on
08.01.2026, efforts made to trace her had failed and
therefore, her father had approached the police. During
the course of investigation, petitioner and the victim girl
were traced together, petitioner was arrested and
remanded to the judicial custody. The victim girl was
subjected to medical examination and her statement
under Section 183 of BNSS 2023 was recorded by the
jurisdictional Magistrate on 04.08.2026. In the said
statement, the victim girl has stated that she and the
petitioner are acquainted to each other and for the last 7
months they are loving each other.
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NC: 2026:KHC:57899
CRL.P No. 14782 of 2026
CNR: KAHC010662302026
6. On 08.01.2026, she had left her house and had
accompanied the petitioner; subsequently, they got
married in a temple, travelled to Bengaluru and thereafter
returned to the petitioner's house. She has not made any
allegation in the said statement which would attract the
offences punishable under the provisions of POCSO Act
against the petitioner. Subsequently, the victim girl has
been now examined as PW1 before the trial Court and
therefore, the chances of petitioner tampering the material
witness does not arise. Petitioner has no criminal
antecedents and is in custody for more than six months.
Considering the aforesaid aspects of the matter, I am of
the opinion that the prayer made by the petitioner for
grant of regular bail needs to be answered in the
affirmative. Hence, the following:
ORDER
allowed
The petition is . The petitioner is directed to
be enlarged on bail in Spl.C.(Pocso) No.77/2026 pending
before the Court of II Additional District and Sessions
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HC-KAR
NC: 2026:KHC:57899
CRL.P No. 14782 of 2026
CNR: KAHC010662302026
Judge, Chitradurga, arising out of Crime No.18/2026
registered by Hosadurga police station, Chitradurga, for
the offence punishable under Section 137(2), 64,
64(2)(m), of the Bharatiya Nyaya Sanhita (BNS), 2023,
Sections 4 and 6 of the Protection of Children from Sexual
Offences Act, 2012 and Section 9 of Prohibition of Child
Marriage Act, 2006, subject to the following conditions:
a) 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;
d) The petitioner shall not involve in similar
offences in future;
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CRL.P No. 14782 of 2026
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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 off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
BSR
List No.: 1 Sl No.: 82