M D Venkatesh v. State of Karnataka by

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13668 OF 2026 BETWEEN:

M.D. VENKATESH S/O LATE DEVARAJU AGED ABOUT 50 YEARS R/AT. MUDDEGOWDANADODDI VILLAGE, KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571 424 NOW R/AT C/O CHANDRASHEKAR 2ND CROSS, UDAYAGIRI MANDYA CITY - 571 401 (NOW IN JUDICIAL CUSTODY) …PETITIONER (BY SMT. RAKSHA KEERTHANA, ADV., FOR SRI KEMPARAJU, ADV.) AND:

¶1STATE OF KARNATAKA BY MANDYA EAST POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.

¶2SMT. REKHA W/O NARAYANA AGED ABOUT 35 YEARS R/AT 03RD CROSS, TAVAREGERE MANDYA CITY, MANDYA - 571 401. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1; NOTICE TO R-2 IS H/S V/O DTD:21.09.2026)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME

by NANDINI M S Location: HIGH COURT OF KARNATAKA

NO.26/2026 (IN SPL.C.NO.95/2026) OF THE RESPONDENT MANDYA EAST POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 65(1),64(2)(m),78(1)(i),87,238(b),127(2),351(2) OF BNS,AND 6,12 OF POCSO ACT PENDING ON THE FILE OF THE HONBLE ADDL, SESSIONS JUDGE-FTSC-II, AT MANDYA.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused in Spl.C.No.95/2026 pending before the Court of Addl. Sessions Judge, FTSC-II, Mandya, arising out of Crime No.26/2026 registered by Mandya East Police Station, Manyda, for the offences punishable under Sections 65(1), 64(2)(m), 127(2), 351(2), 78(1)(i), 238(b) and 87 of BNS, 2023 and Sections 6 and 12 of the POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

¶2Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter, has remained unrepresented before this Court.

¶3FIR in Crime No.26/2026 was registered by Mandya East Police Station, Mandya, against petitioner herein based on the

first information dated 24.02.2026 received from respondent No.2, who is the mother of the victim girl aged about 15 years. During the course of investigation, petitioner herein was arrested on 24.02.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the Trial court in Spl.Case.No.95/2026 was rejected on 03.08.2026. Therefore, he is before this Court.

¶4A reading of the first information as well as the charge sheet, which was filed after petitioner was arrested in the present case, would reveal that allegation against the petitioner is that he had induced the victim girl to come to his house by offering to pay her money. Thereafter, he allegedly had sexually assaulted the victim girl in his house and had also criminally intimidated her. As a result of the sexual assault made by the petitioner, victim girl allegedly had conceived and it is under these circumstances, FIR was registered against the petitioner.

¶5The DNA Test Report dated 24.06.2026 which is now made available on record would go to show that DNA profile result of the dead baby sent to the FSL is not matching with the DNA profile results of petitioner. Petitioner aged 50 years is in custody from 24.02.2026. Investigation of the case is completed. The submission made by learned counsel for the petitioner that petitioner has no other criminal antecedents is not disputed by learned HGCP. Under the circumstances, the following order:-

¶6The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.95/2026 pending before the Court of Addl. Sessions Judge, FTSC-II, Mandya, arising out of Crime No.26/2026 registered by Mandya East Police Station, Manyda, for the offences punishable under Sections 65(1), 64(2)(m), 127(2), 351(2), 78(1)(i), 238(b) and 87 of BNS, 2023 and Sections 6 and 12 of the POCSO Act, 2012, subject to the following conditions:

a) 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 his 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 off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

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