IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16796 OF 2025 [(439(Cr.PC) / 483(BNSS)]

BETWEEN:

SRI. ANANDA @ AJITH S/O. LATE B.P. JAGANNATH, AGED ABOUT 35 YEARS, R/AT NO.13, 1^ST MAIN, GEF POST, AAVALAHALLI, BENGALURU - 560 026.

…PETITIONER (BY SRI. SWAMY M.M., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA GIRINAGAR P.S.

BENGALURU CITY, REP. BY STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMINARAYANA HIGH COURT BUILDING, MURTHY RAJASHRI Location: HIG H BANGALORE - 560 001.

COURT OF KARNATAKA

2. SMT. KOMALA S.P.

W/O. SATHISH R., AGED ABOUT 36 YEARS, R/AT NO.9, 1^ST MAIN, 1^ST CROSS, NEAR THUNGAR BAR, AVALAHALLI, BENGALURU - 560 026.

…RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1;

R2 - SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRL.MISC.NO.9746/2025 (IN CRIME NO.343/2025) FILED BY THE RESPONDENT - GIRINAGAR POLICE, ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-I, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 78 AND 126(2) OF BNS AND SECTIONS 11(iv) AND 12 OF POCSO ACT, BY ALLOWING THE ABOVE SAID PETITION.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by sole accused under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.343/2025 of Girinagar Police Station registered for offences punishable under Sections 78 and 126(2) of Bharatiya Nyaya Sanhita, 2023 and Sections 11(iv) and 12 of Protection of Children from Sexual Offences Act.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

3. Learned counsel for petitioner would contend that, the offence alleged against the petitioner is punishable under Section 12 of POCSO Act is provided with sentence of imprisonment which may extend to three (3) years. The petitioner is in judicial custody since 29.10.2025. The allegation against the petitioner is that he was following the victim girl and asking her to love him and used to make signal with the hand. The charge sheet has been filed and therefore the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent No.1 - State would contend that, the victim girl is aged seventeen (17) years. The petitioner was following the victim girl and in that regard, the parents of the victim girl have warned the petitioner. Inspite of the said warning, he continued the said act of following the victim girl and making signal by hand and asking her to love him. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

6. The case of the prosecution as per charge sheet is that, the petitioner was following the victim girl and he used to make signal by hand by showing heart symbol to love him. The parents of the victim girl on coming to know the same have warned the petitioner. Inspite of the said warning, the petitioner on 29.10.2025 when the victim girl was returning from the college, at that time the petitioner followed her, stopped her, asked her to love him and to marry him.

7. The victim girl is aged seventeen (17) years.

The offence alleged against the petitioner is under Section 11(iv) punishable under Section 12 of POCSO Act. The punishment provided for offence under Section 12 of POCSO Act is imprison