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2026 Supreme(Online)(Kar) 26591

THE HIGH COURT OF KARNATAKA
R. Nataraj, J
Vikram S. – Appellant
Versus
State of Karnataka – Respondent
CRL.P No. 4662 of 2026



Advocates:
For the Appellants/Petitioners: Ranganatha T.R.
For the Respondents: Waheeda M.M., Gokul H.R.

Grant of regular bail is permissible when there are significant contradictions in the prosecution's narrative, unexplained delays in recording critical statements, and doubt regarding the veracity of the allegations.

Headnote:The case involves a petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail in Crime No. 406/2025. The prosecution alleged that the petitioner had sexual intercourse with the complainant's daughter against her will on 12.11.2025, following her disappearance. The trial court had previously rejected the bail application. The court examined the delay in recording the further statement and contradictions regarding the relationship between the parties. The primary issue was whether the petitioner was entitled to regular bail given the serious nature of the offences under the POCSO Act and BNS. The court reasoned that there were discrepancies in the prosecution's narrative, specifically noting that the further statement was recorded on 21.11.2025 without explanation for the delay and that conflicting claims existed regarding the petitioner's relationship to the complainant. The petition is allowed.

Table of Content
1. prosecution case and initial bail rejection. (Para 8)
2. arguments regarding veracity of allegations and seriousness of offences. (Para 9 , 10)
3. assessment of evidentiary contradictions and delay in statements. (Para 11)
4. grant of bail with specific conditions. (Para 12)

CRIMINAL PETITION

1. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ

2. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26 TH DAY OF MAY, 2026

3. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR CRIMINAL PETITION NO. 4662 OF 2026 BETWEEN: VIKRAM S., S/O SELVARAJ, AGED ABOUT 33 YEARS, PRESENT ADDRESS R/AT 497, 14 TH CROSS, LR NAGAR, VIVEKANAGAR POST, BANGALORE CITY, KARNATAKA - 560 047. PERMANENT ADDRESS AYANURU VILLAGE, PILIYAAR KOYLU TERU, THIRUKOYLURU DIST, TIRUNELVELI CITY, TAMILNADU - 627 001. Digitally …PETITIONER signed by HEMALATHA (BY SRI. RANGANATHA T.R., ADVOCATE) J Location: HIGH COURT AND: OF KARNATAKA

4. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR 1. STATE OF KARNATAKA, BY SUBRAMANYPURA POLICE STATION, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, OFF/AT HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SMT.SHWETHA R, W/O RAMESH, AGED ABOUT 40 YEARS,

5. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR RESIDING AT 19, 4 TH CROSS, GUMAYAIAH LAYOUT, CHIKKAKALASANDARA, SUBRAMAYA POST, BENGALURU - 560 061. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R1; SRI.GOKUL H.R., ADVOCATE FOR R2)

6. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR THIS CRL.P. IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 483 OF THE CODE OF BNSS, 2023, ARISING OUT OF CR.NO.406/2025 REGISTERED BY SUBRAMANYAPURA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 12, 6, 5, 11(iv) OF POCSO Act, 2012 , U/S 127(4), 137(2), 64, 78, 87 OF BNS, 2023, PENDING BEFORE THE HONBLE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-III, BENGALURU CITY.

7. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

8. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS) seeking regular bail in Crime No.406/2025 registered by the respondent for the offences punishable under Sections 137(2), 127(4), 64, 78 and 87 of BNS, 2023 and Sections 5 , 6, 11(4) and 12 of POCSO Act, 2012 .

9. NC: 2026:KHC:25266 CRL.P No. 4662 of 2026 HC-KAR 2. Briefly stated, the case of the prosecution was that the mother of the complainant had lodged a complaint alleging that her daughter was missing from 12.11.2025. Later, the daughter of the complainant appeared before the police and gave a further statement stating that she had befriended the petitioner who expressed his desire to marry her. On 12.11.2025, the petitioner took her to a hotel in Shanthinagar where he had sexual intercourse with her against her wish. Based on this, the respondent conducted further investigation and submitted a charge sheet for the offences punishable under Sections 137(2), 127(4), 64, 78 and 87 of BNS, 2023 and Sections 5 , 6, 11(4) and 12 of POCSO Act, 2012 , The petitioner filed a petition for enlarging him on bail which was rejected by the trial Court in terms of an order dated 10.02.2026. Being aggrieved by the same, the petitioner is before this Court. 3. Learned counsel for the petitioner submitted that though the complainant claims that she was sexually assaulted by the petitioner on 12.11.2025, she appeared before the police on 21.11.2025 and recorded a further statement accusing the petitioner of rape. He therefore contends that this generates doubt about the veracity of allegations made against the petitioner. He also contends that the medical examination of the complainant showed that there were no injuries and that

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