Roshan Kumar vs The State Of Karnataka & Anr.

Accused in Special CC No.972/2026 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.102/2026 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Section 64(2)(m) of BNS, 2023 and Sections 5(j)(ll), 5(l) and 6 of POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.102/2026 was registered by Yelahanka Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 01.03.2026, received from respondent No.2, who is the mother of the victim girl, who was aged 17 years 8 months, as on the date of registration of the FIR. During the course of investigation, petitioner was arrested on 24.03.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.No.5504/2026 was rejected on 24.06.2026. Therefore, he is before this Court.

Perusal of the material on record would go to show that victim girl is the daughter of the first informant and her date of birth is 10.05.2008. Therefore, as on this date, she has already attained the age of majority. Petitioner aged 22 years was working as a security guard in apartment complex at Jakkur, in which the victim girl was also working as house maid. Since the victim girl had informed her mother that she had missed her periods, she was subjected to medical examination and it was found that she was pregnant. On enquiry, she had informed that petitioner was the cause for her pregnancy and therefore, FIR was registered against the petitioner for the aforesaid offences.

The statement of the victim girl under Section 183 of the BNSS, 2023, has been recorded in the present case by the jurisdictional Magistrate on 11.03.2026. In said statement, she has stated that petitioner had proposed to her and requested her to love him. Though she had initially refused his proposal, subsequently, she had sexual intercourse with him multiple times. After she informed him that she had missed her periods, he stopped talking to her and therefore, she had informed her mother, who had subsequently taken her to Hospital for medical examination. From the aforesaid, it is apparent that petitioner and the victim girl were in a consensual relationship and as a result of the same, victim girl had conceived and subsequently, delivered a baby. Petitioner aged 22 years, who has no other criminal antecedents, is in custody. Investigation of the case is now completed and charge sheet has been filed. It is submitted that petitioner is the sole bread winner of his family. The trial in the case is yet to commence. Considering the nature of allegations found against the petitioner and also the age of the parties, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

The petition is allowed. The petitioner is directed to be enlarged on bail in Special CC No.972/2026 pending before the Court of Addl. City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.102/2026 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Section 64(2)(m) of BNS, 2023 and Sections 5(j)(ll), 5(l) and 6 of POCSO Act, 2012, subject to the following conditions: