Rakesh Sencha vs State Of Karnataka & Anr.

Accused in SPl.No.164/2026 pending before the Court of Additional District and Sessions Judge, FTSC-1, Mysuru registered by Bannur Police Station, Mysuru District, arising out of Crime No.268/2025 for the offence punishable under Section 5 (j) (ii), 5 (i), 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), Section 87, 303 (1), 64 (1), 64 (2) (m) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), and Section 66(E) of Information Technology Act, is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail.

Heard the learned counsel for the petitioner and learned HCGP for respondent No.1 - State. Respondent No.2 is served and unrepresented before the Court.

FIR in Crime No.268/2025 was registered by Bannur Police Station, Mysuru District, for offence punishable under Section 137(2) of BNS, 2023 against the petitioner based on the first information received on 21.12.2025 from respondent No.2, who is father of the victim girl aged 17 years 1 month as on the date of registration of FIR. During the course of investigation petitioner and victim girl are traced together. The petitioner was subsequently arrested on 31.01.2026 and remanded to judicial custody. After completing investigation charge sheet is filed against him form the said offences. His bail application filed before the Trial Court in SPL.C.No.164/2026 was rejected. Therefore, he is before the this Court.

A reading of the typed first information dated 21.12.2025 would reveal that victim girl aged 17 years 1 month who is the daughter of first informant was found missing from her house on 20.12.2025, efforts made to trace her had failed. Since, the first informant doubted the hand of petitioner, who was his relative and used to visit their house regularly, FIR was registered against the petitioner for offence punishable under Section 137(2) of BNS, 2023.

During the course of investigation, petitioner and the victim girl were traced together on 31.01.2026 and on the very same day, petitioner was arrested and remanded to judicial custody. The statement of the victim girl under Section 161 of Cr.P.C was also recorded by the police on the very same day. In the said statement, victim girl has not made any allegations against the petitioner about he committing any kind of sexual assault on her. Charge sheet material would indicate that the petitioner and victim girl were in love. Petitioner who had come to house of the victim girl on 25.11.2025 has stolen certain gold ornaments and had pledged the same in Muthoot Finance, Bannur. Subsequently, the petitioner and victim girl had left their village and traveled to Maharashtra, Rajasthan, Delhi etc., and stayed together for a period of more than one month. After the victim girl was brought back her village she was medically examined and it was found that she was four months pregnant. The petitioner is said to be the biological father of the fetus which was aborted. Therefore, it appears that even prior to the incident, petitioner and victim girl were in relationship. The petitioner aged 25 years, has no criminal antecedents and he is in custody for the last more than six months. Investigation of the case is completed.

Considering the aforesaid aspects of the matter and also the age of the parties, I am of the opinion that, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Special Case No.164/2026 pending before the Additional District and Sessions Judge, FTSC-1, Mysuru arising out of Crime No.268/2025 registered by Bannur Police Station, Mysuru District, for the offence punishable under Section 5 (j) (ii), 5 (i), 6 of POCSO Act, Section 87, 303 (1), 64 (1), 64 (2) (m) of BNS, 2023 and Section 66(E) of Information Technology Act subject to the following conditions: