Lokesh Khadka v. State of Karnataka by

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13425 OF 2026 BETWEEN:

LOKESH KHADKA S/O DHAN BAHADUR, AGED ABOUT 47 YEARS, R/AT. C/O. DEN BAHADUR KHADKA, BALGERE ROAD, ATHENA SPORTS, ASHAPURA MEDICAL, BANGALORE NORTH - 560 087. PREMANET ADDRESS: BALPATA VILLAGE, BERDADEVI TALUK, ACHHAM DISTRICT, NEPAL. …PETITIONER (BY SRI. MAHESH S, ADVOCATE FOR SRI. SANTHOSH S, ADVOCATE)

AND:

¶1STATE OF KARNATAKA BY VARTHUR POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

¶2SMT. ANUGYA JAIN, W/O. RAHUL JAIN, AGED ABOUT 34 YEARS,

by NANDINI M S Location: HIGH COURT OF KARNATAKA

R/AT NO.49, SHOBHA DREAM ACRES, BALAGERE, VARTHUR POST, BENGALURU - 560 087. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT, VIDE ORDER DATED

05.10.2026)

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN CRIME NO.147/2026 REGISTERED BY VARTHUR POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 115(2) OF THE BNS, 2023 AND SEC.8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, NOW PENDING IN SPL.C.NO.555/2026, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in Crime No.147/2026 registered by Varthur Police Station, Bengaluru City, for the offences punishable under Section 115(2) of BNS, 2023 and Sections 8 and 12 of Protection of Children from Sexual

Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short), 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 High Court Government Pleader on behalf of respondent No.1-State. Respondent No.2, though served in the matter, has remained unrepresented before this Court.

¶3FIR in Crime No.147/2026 was registered by Varthur Police Station, Bengaluru City, for the offences punishable under Sections 351(2) and 115(2) of BNS, 2023 and Sections 4, 3(b), 5(F), 5(m) and 6 of POCSO Act against the security guard of Bachpan Play School and the Management of the said school, based on the first information dated 17.03.2026 received from respondent No.2, who is the mother of the minor victim girl. In the said case, the petitioner was arrested on 19.03.2026 and remanded to judicial custody. Investigation of the case is

now completed and charge sheet is filed for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1726/2026 was rejected on

17.08.2026. Therefore, he is before this Court.

¶4The allegation against the petitioner, who is working as a security guard in the play school in which the minor victim girl was studying, is that he had misbehaved with the girl and had touched her inappropriately. Though in the FIR there is an allegation that the petitioner had inserted his finger into the private part of the victim girl, in the charge sheet, which is now filed, the offences punishable under Sections 4 and 6 of POCSO Act have been dropped and only the offences punishable under Sections 8 and 12 of POCSO Act have been invoked. The maximum punishment for the charge sheeted offences is imprisonment for a period of five years. The petitioner is in custody for the last six months.

¶5Considering the nature of the allegations found against the petitioner in the charge sheet and also taking into consideration that the investigation is now completed and the petitioner has no other criminal antecedents, 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: O R D E R

i) The Criminal Petition is allowed.

ii) The petitioner is directed to be enlarged on bail in Crime No.147/2026 registered by Varthur Police Station, Bengaluru City, for the offences punishable under Section 115(2) of BNS, 2023 and Sections 8 and 12 of POCSO Act, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which, one shall be local

surety, 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;

Sd/-

(S VISHWAJITH SHETTY)

JUDGE

SHS List No.: 1 Sl No.: 62