Karnataka High Court
Criminal Procedure and EvidenceCriminal Law

Missing valid proof of the victim’s age, completed investigation and prolonged custody support regular bail.

K OBESH @ ARJUN vs STATE BY JAYANAGARA POLICE

Karnataka High CourtJUDGMENT: October 12, 20262 MIN READSOURCE JUDGMENT
Missing valid proof of the victim’s age, completed investigation and prolonged custody support regular bail.. K OBESH @ ARJUN vs STATE BY JAYANAGARA POLICE. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from a complaint that he had obtained money from the victim, taken her to a hotel room, sexually assaulted her, recorded the incident, and threatened to circulate the video

Source reference: p. 2–4

The FIR was registered for offences under Section 67(A) of the Information Technology Act, 2000; Sections 4(1), 11(iv), 11(v), 12 and 14 of the Protection of Children from Sexual Offences Act, 2012; and Sections 64(1), 77 and 137(2) of the Bharatiya Nyaya Sanhita, 2023

Source reference: p. 2–3, 5–6

The petitioner was arrested on 5 March 2026; his bail application before the Sessions Court was rejected on 20 August 2026

Source reference: p. 3

At the time of the High Court’s consideration, he had been in custody for more than six months, the investigation was complete and the charge sheet had been filed; the Court noted that no valid document establishing the victim’s age had been collected

Source reference: p. 4

The victim’s counsel stated that there was no objection to bail

Source reference: p. 5
02

Issues

1. Whether the petitioner should be enlarged on regular bail in light of the allegations and the circumstances of the case

Source reference: p. 3–5

2. Whether the petitioner’s period in custody, completion of the investigation, absence of criminal antecedents, absence of valid age-proof material in the charge sheet, and the victim’s lack of objection supported granting bail subject to conditions

Source reference: p. 4–5
03

Law Applied

The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the basis for the High Court’s consideration of bail.

Source reference: no citation

The alleged offences were under Section 67(A) of the Information Technology Act, 2000; Sections 4(1), 11(iv), 11(v), 12 and 14 of the Protection of Children from Sexual Offences Act, 2012; and Sections 64(1), 77 and 137(2) of the Bharatiya Nyaya Sanhita, 2023

Source reference: p. 2–3, 5–6

The order identifies no precedent or further bail test; it determines the application by considering the circumstances of the case and imposing conditions on release

Source reference: p. 5
04

Reasoning

The Court weighed the nature of the allegations against the petitioner’s lack of criminal antecedents, custody exceeding six months, and the fact that the investigation had concluded and the charge sheet had been filed

Source reference: p. 4

It also took account of the absence of a valid age-proof document in the charge-sheet material and the victim’s counsel’s statement of no objection to bail

Source reference: p. 4–5

On those circumstances, the Court considered regular bail appropriate, subject to conditions intended to secure the petitioner’s attendance and protect the proceedings

Source reference: p. 5–7
05

Holding

The High Court allowed the petition and ordered the petitioner’s release on bail in S.C. No. 931/2026, subject to execution of a personal bond of ₹1,00,000 with two sureties for the like sum, regular appearance before the Trial Court, non-interference with prosecution witnesses, non-involvement in similar offences, and a restriction on leaving the Trial Court’s jurisdiction without permission until disposal of the case
06

Acts & Sections Cited

9 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19731

Bharatiya Nagarik Suraksha Sanhita, 20231

Bharatiya Nyaya Sanhita, 20233

Protection of Children from Sexual Offences Act, 20124

Karnataka High Court

Original Court PDF

K OBESH @ ARJUNvsSTATE BY JAYANAGARA POLICE

Karnataka High Court · October 12, 2026

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