(Prayer: This Crl.P is filed u/S 439 Cr.PC (filed u/S 483 BNNS praying to enlarge the petitioner on bail in the Spl.C No.559/2026 in Crime No.97/2026 for offence P/U/S 137(2) of BNS and offence p/u/S 4(2), 5(I), 6 of POCSO Act 2012 registered by respondent Bengaluru District, Women Police Station, Police pending before the Court of the Honble Addl.District and Sessions Judge, (FTSC-I) Bengaluru Rural District, Bengaluru.)
Oral Order
1. Accused in Special Case No.559/2026 pending before the Court of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.97/2026 registered by the Bengaluru Rural District Women Police Station, for offences punishable under Sections 137(2) of BNS, 2023 and Sections 4(2), 5(L) and 6 of the Protection of Children From Sexual Offences Act 2012, (POCSO Act, 2012 for short), is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel for the petitioner and learned HCGP for respondent - State. Respondent No.2 though served in the matter has remained unrepresented before this Court.
3. FIR in Crime No.97/2026 was registered for offence punishable under Section 137(2) of BNS, 2023 against the petitioner on 03.04.2026. In the first information, it is stated that the victim girl, who is the daughter of the first informant was found missing from 01.04.2026 onwards. Efforts made to trace her had failed and therefore, on 03.04.2026 the first informant had approached the police. During the course of investigation, the petitioner and victim girl were traced together. The petitioner was arrested on 05.04.2026 and remanded to judicial custody. After completion of investigation, charge sheet was filed against him for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1069/2026 was rejected on 19.06.2026. Therefore, he is before this Court.
4. The victim girl was found missing from her house on the early hours on 01.04.2026. Efforts made to trace her had failed and therefore, her father had approached the police station on 03.04.2026. During the course of investigation, the petitioner and victim girl were traced together and the statement of the victim girl under Section 183 of BNSS, 2023 was recorded in the present case on 08.04.2026. In the said statement, the victim girl has stated that she is acquainted to the petitioner and they are in love for the last two years. She has stated that she used to regularly speak to the petitioner over phone and they also exchanged instagram and whatsapp messages with each other. She has stated that on 31.03.2026 the petitioner had asked her to contact him and therefore, she left her house and they had traveled together in a bus to Gowribidanur and thereafter, to Hindupur. She has stated that at Hindupur she had sex with the petitioner and till they were brought back to their village, they stayed together and had sex. She has not made any allegation against the petitioner about he having forcible sexual intercourse with her against her wishes. On the other hand, she has stated that she is in love with the petitioner and she had voluntarily accompanied him.
5. The petitioner, who is aged 18 years, is in custody. Investigation of the case is now completed and charge sheet is filed. Trial in the case is yet to commence. Continued detention of the petitioner in jail amongst hardcore criminals may have adverse impact on his mind set and also on his future prospects.
6. 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 affirmatively subject to appropriate conditions. Accordingly, the following:
ORDER
The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.97/2026 registered by the Bengaluru Rural District Women Police Station, for offences punishable under Sections 137(2) of BNS, 2023 and Sections 4(2), 5(L) and 6 of the POCSO Act, 2012, subject to the following conditions:
a) The 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 their 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.
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 of.




