Karnataka High Court
Pratap @ Bestha Prathap vs State Of Karnataka on 19 May, 2026
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CRL.P No. 2291 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CRIMINAL PETITION No. 2291 OF 2026 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. PRATAP @ BESTHA PRATHAP,
S/O BESTHA SURESH,
AGED ABOUT 19 YEARS,
RESIDING AT 2-22, B COLONY,
T. VEERAPURAM, RAYADURGA ,
MANDALAM ANANTAPUR,
ANDRA PRADESH 515865.
...PETITIONER
(BY SRI GIRISH R., ADVOCATE)
AND:
Digitally signed
by VINUTHA B 1. STATE OF KARNATAKA,
S BY KENGERI PS,
Location: High
Court of NOW REPRESENTED BY
Karnataka STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU 560001
2. SMT. KAVITHA,
W/O PRADEEP
AGED ABOUT 32 YEARS,
R/AT No.30, 1ST MAIN,
9TH CROSS,
HARSHA LAYOUT,
KENGERI,
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CRL.P No. 2291 of 2026
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BENGALURU 560060
(MOTHER OF VICTIM GIRL)
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
NOTICE RO R2 SERVED)
THIS CRL.P. IS FILED UNDER SECTION 439 (FILED
U/S.483 BNSS) CR.P.C. PRAYING TO GRANTING REGULAR BAIL
THEREBY DIRECTING THE RESPONDENT KENGERI P.S., TO
RELEASE THE PETITIONER IN SPL.C.No.2792/2025 IN
CR.No.434/2025 PENDING ON THE FILE OF THE HON'BLE
ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC V BENGALURU
FOR THE ALLEGED OFFENCE P/U/S 127(4),87,64(2)(m) OF BNS
AND SECTION 6 OF POCSO ACT.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
Heard Sri R. Girish, learned counsel appearing for the
petitioner, and Smt. Rashmi Patel, learned High Court
Government Pleader appearing for the respondents.
2. This petition is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS), by the accused
seeking grant of bail in Crime No.434/2025 dated 09.09.2025
registered by Kengeri Police Station, Bengaluru City, initially for
the offence punishable under Section 137(2) of the Bharatiya
Nyaya Sanhita, 2023 (BNS) and subsequently for the offences
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punishable under Sections 127(4), 87 and 64(2)(m) of the BNS
and Section 6 of the Protection of Children from Sexual
Offences Act, 2012 (POCSO Act), presently pending on the file
of the Additional City Civil and Sessions Judge, FTSC-V,
Bengaluru, in Special C.C. No.2792/2025.
3. The facts, in brief, are that a complaint came to be lodged
by respondent No.2 stating that the minor victim was found
missing from the house and that the victim had sent a message
to the mobile phone of one of her relatives stating that she had
gone along with the accused. The same was also found
reflected in the CCTV footage. Pursuant to the registration of
the FIR and during the course of investigation, the petitioner
came to be arrested on 16.10.2025 and, upon being produced
before the jurisdictional Court, was remanded to judicial
custody, and continues in custody till date.
3.1 The application filed by the petitioner under Section 483
of the BNSS before the Sessions Court came to be rejected by
order dated 02.02.2026. After completion of the investigation,
the respondent-police have filed the charge sheet against the
petitioner arraying him as accused No.1.
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4. Sri R. Girish, learned counsel appearing for the petitioner,
submits that the petitioner has been falsely implicated in the
case and that, even after completion of the investigation, no
reliable material has been collected to establish the
involvement of the petitioner in the alleged incident. It is
further submitted that there is no acceptable material to
establish the age of the victim so as to attract the provisions of
the POCSO Act.
4.1 Learned counsel further submits that the case of the
prosecution is founded solely on the statement of the victim
and that there is no medical, scientific or any other
corroborative evidence in support of the allegations. It is also
contended that the Study/Conduct Certificate issued by the
Headmaster of the school for the purpose of determining the
age of the victim is not reliable. Learned counsel further
submits that the FSL report dated 11.11.2025 does not support
the case of the prosecution with regard to the alleged act.
5. Though notice has been served on respondent No.2, there
is no representation on behalf of respondent No.2.
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6. Smt. Rashmi Patel, learned High Court Government
Pleader appearing for respondent No.1, submits that there is
sufficient material collected during the course of investigation
and placed along with the charge sheet to establish the
involvement of the petitioner in the alleged crime. It is
submitted that prima facie material is available to show that
the victim was a minor at the relevant point of time.
6.1 Learned High Court Government Pleader further submits
that the offences alleged against the petitioner are serious in
nature and that, if the petitioner is enlarged on bail, there is
every likelihood of his threatening the victim and influencing
the prosecution witnesses. It is also submitted that the social
standing and status of the victim may be adversely affected.
7. Having considered the submissions made by the learned
counsel for the petitioner and the learned High Court
Government Pleader appearing for respondent No.1, it is
evident that the alleged incident is stated to have taken place
on 28.08.2025, whereas the complaint came to be lodged on
09.09.2025, after a delay of 12 days. The age of the victim,
even as reflected in the Study Certificate, is shown as 17 years,
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8 months and 27 days as on the date of the alleged incident. At
this stage, there appears to be no unimpeachable material
placed on record to conclusively establish the age of the victim.
8. Furthermore, the respondent-police, after completion of
the investigation, have filed the charge sheet. The FSL report
dated 11.11.2025, pertaining to the examination of seminal
stains, indicates negative results with regard to the presence of
seminal stains on the articles subjected to examination. Apart
from the same, there is no other medical evidence prima facie
indicating the occurrence of the alleged incident.
9. When prima facie material to establish the alleged
incident is not forthcoming and the material accompanying the
charge sheet also supports such a view, continued judicial
custody of the petitioner would adversely affect his personal
liberty. The apprehension expressed by the prosecution that, if
enlarged on bail, the petitioner may threaten the victim or
influence the witnesses can be adequately safeguarded by
imposing stringent conditions.
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10. In the light of the above discussion, and without
expressing any opinion on the merits of the case, this Court is
of the view that further custodial incarceration of the petitioner
is not warranted, particularly when the investigation has been
completed and the charge sheet has already been filed.
Accordingly, the following order:
ORDER
(i) The Criminal Petition is allowed.
(ii) The petitioner is ordered to be enlarged on bail in
Crime No.434/2025 registered by Kengeri Police
Station, Bengaluru City, initially for the offence
punishable under Section 137(2) of the Bharatiya
Nyaya Sanhita, 2023 (BNS) and subsequently for
the offences punishable under Sections 127(4), 87
and 64(2)(m) of the BNS and Section 6 of the
Protection of Children from Sexual Offences Act,
2012 (POCSO Act), subject to the following
conditions:
(a) The petitioner shall execute a personal bond for a
sum of Rs.1,00,000/- (Rupees One Lakh only) with
two sureties for the like sum to the satisfaction of
the jurisdictional Court;
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(b) The petitioner shall appear regularly before the Trial
Court on all dates of hearing;
(c) The petitioner shall not, either directly or indirectly,
threaten, or tamper with the prosecution witnesses;
(d) The petitioner shall not involve himself in any
offence in future.
(e) The petitioner shall not attempt to meet the victim
girl or establish any contact with the family
members of the victim.
(f) In the event of any violation of the aforesaid
conditions, the prosecution is at liberty to seek
cancellation of bail in accordance with law.
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
List No.: 1 Sl No.: 74
