Karnataka High Court
CRL.A/1065/2026 of SRI NIVAS S Vs STATE OF KARNATAKA on 8 September 2026
CNR: KAHC010426332026 NC: 2026:KHC:48931 CRL.A No. 1065 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1065 OF 2026 (U/S 14( A ) (2)) BETWEEN: 1. SRI NIVAS S S/O SHIVAPPA, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1065 OF 2026 (U/S 14(A) (2))
BETWEEN:
1.
SRI NIVAS S
S/O SHIVAPPA,
AGED ABOUT 19 YEARS,
R/AT YALLAMPALLI VILLAGE,
BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT
561207
…APPELLANT
(BY SRI. KUMARA K G., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY KENCHARAHALLI POLICE STATION,
BAGEPALLI TALUK,
CHIKKABALLAPURA,
(REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
BENGALURU - 560001)
BENGALURU-560001
2.
MR.MURTHY M
S/O LATE MUNIVENKATAPPA,
AGE ABOUT 34 YEARS
R/AT GADIHAVARAHALLI VILLAGE,
CHELURU TALUK
CHICKBALLAPURA DISTRICT - 563125
…RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1,
SRI. CHIKKABOREGOWDA S.S., ADV. FOR R2.)
Digitally signed by
LAKSHMINARAYAN N
Location: High Court
of Karnataka
HC-KAR
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DTD 11.06.2026 PASSED
BY THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT CHIKKABALLAPURA IN SPL.C.NO.105/2026
AND ETC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL JUDGMENT
1. The appellant/Accused No.2-Nivas S has preferred this appeal against the order passed by the Addl. District and Sessions Judge, FTSC-I, POCSO at Chikkaballapura dated 11.06.2026, in Spl.C.No.105/2026.
2. The appellant/accused No.2 had filed application under Section 483 of BNSS, 2023 seeking Regular Bail. Same came to be rejected by the Trial Court on 11.06.2026. Being aggrieved, the appellant has preferred this appeal.
3. The IO has submitted the charge sheet against accused Nos.1 and 2 for the commission of offence under Sections 65(1), 351(2) of BNS 2023 and Sections 4(2), 5(L), 5(N), 6 of POCSO Act and 3(1)(w)(ii), 3(2)(v) of
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SC/ST (POA) Amendment Act, 2015. In the charge sheet, it was stated that DNA report yet to be obtained by the concerned Authority. As per the direction of this Court dated 02.09.2026, the IO, Sri S.Shivakumar, Deputy Superintendent of Police, D.C.R.E., Chikkaballapura is present before this Court and submitted the copy of the DNA report in which it is stated as under:
"1. Victim d/o Murthy, sample blood sent in Sl. no. 1 is included from being the biological mother of baby of victim, sample blood sent in Sl. no. 2.
2. Nazeer s/o Dodda Mehboob Sab, sample blood sent in Sl. no. 3 is included from being the biological father of baby of victim, sample blood sent in Sl. no. 2.
3. Nivas S s/o Shivappa, sample blood sent in Sl. no. 4 is excluded from being the biological father of baby of victim, sample blood sent in Sl. no. 2."
4. It is admitted fact that prior to production of DNA report, the Trial Court has rejected the bail application. But now, the DNA report is placed before this Court which reveals that accused No.2 is not the biological father of the
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child. The HCGP has also produced the copy of the statement of the victim recorded under Section 183(5) of Cr.P.C. in which she has not whispered anything against the accused as to the commission of alleged rape. However, she has deposed that the accused Nivas has hugged her.
5. Considering the statement of the victim recorded under Section 183(5) of the Cr.P.C and also the DNA report submitted by the IO, at this stage, without expressing any opinion on the merits of the case, I am of the considered opinion that, it is just and proper to release the accused on bail imposing conditions. Accordingly, I proceed to pass the following:
O R D E R
(i) Appeal is allowed.
(ii) The order dated 11.06.2026 passed in Spl.C.No.105/2026 by the Addl. District and Sessions Judge FTSC-I (POCSO) at Chikkaballapura, is hereby set aside. Consequently, the application filed under Section
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483 of BNSS, 2023 is allowed, subject to following conditions: a) The appellant/accused No.2 shall be released on bail on executing self-bond of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. b) The appellant/accused No.2 shall not tamper or threaten the prosecution witnesses in any manner. c) The appellant/accused shall appear before the Trial Court without fail, on all the dates of hearing and shall co-operate for trial. d) The Registry is directed to communicate this order to the Trial Court.
Sd/- (G BASAVARAJA) JUDGE
DHA List No.: 1 Sl No.: 41