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. 2–4The 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, 5–6The petitioner was arrested on 5 March 2026; his bail application before the Sessions Court was rejected on 20 August 2026
Source reference: p. 3At 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. 4The victim’s counsel stated that there was no objection to bail
Source reference: p. 5Issues
1. Whether the petitioner should be enlarged on regular bail in light of the allegations and the circumstances of the case
Source reference: p. 3–52. 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. 4–5Law 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 citationThe 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, 5–6The 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. 5Reasoning
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. 4It 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. 4–5On 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. 5–7Holding
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
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
Original Court PDF
K OBESH @ ARJUNvsSTATE BY JAYANAGARA POLICE
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