CRL.P/4101/2026 of AARYAN SANTHOSH GURIKAR Vs THE STATE OF KARNATAKA on 7 April 2026

ORAL ORDER

1. This petition is filed by the petitioner herein who is arrayed as accused No.1 in Crime.No.250/2025 filed by the respondent – Police for the offences punishable under Section 3 and 4 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO) and under Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS) seeking for regular bail. Factual matrix of the case:

2. The case of the prosecution is that on the intervening night of 24.10.2025 and 25.10.2025 the minor daughter of the complainant had been to the flat of the petitioner to celebrate his birthday party. It is alleged that the minor girl has been subjected to sexual assault by the petitioner and his friend. It is further alleged that the petitioner used to stalk her and he used to send messages to the victim since she was 14 years old. It is further submitted that the petitioner was assaulting the victim

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sexually on several occasions. Consequently, the victim girl got addicted to alcohol and also smoking. The respondent - Police after conducting investigation submitted the charge-sheet against accused Nos.1 and 2.

3. Heard Sri. K.B.K Swamy learned counsel for the petitioner and Smt. Anitha Girish N., learned High Court Government Pleader for respondent No.1 and Sri. Amar Correa, learned counsel for respondent No.2.

4. The submission to learned counsel for the petitioner is that, the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the victim was aged about 17 years. However, she has misguided the petitioner that she had completed 18 years of age and insisted him to love him. When he refused to refused to love her, a false case has been foisted against the petitioner and another stating that she had been subjected to sexual assault by the petitioner and

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his friend. It is further submitted that the alleged incident had taken place on 24.10.2025. However, the case has been registered by the mother of the complainant on 10.12.2025. There is an inordinate delay in lodging the complaint. Moreover, the said information regarding the alleged sexual assault had been disclosed only at the time when the victim girl had been to psychiatric evaluation at St. John's Hospital, Bangalore. The petitioner is a student of II BBA at St. Joseph College, Bangalore. The petitioner has to appear for examination. Hence, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions learned counsel for the petitioner prays to allow the petition.

5. Per Contra, learned counsel for respondent No.2 vehemently objected by filing statement of objections stating that the petitioner and another had committed atrocity against a minor girl. The offence committed by the petitioner is heinous in nature. It is a gang rape. If, the

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petitioner is enlarged on bail, it gives wrong message to the society. Therefore, it is not appropriate to grant bail.

6. Similarly, the learned High Court Government Pleader for respondent No.1-State of Karnataka adopted the argument advanced by the learned counsel for respondent No.2 and submitted that the act of gang rape committed by the petitioner and another against minor girl is unpardonable and it is atrocious. The petitioner made the victim to get addicted to both alcohol and smoking. The parents of the victim have suffered a lot to get her de-addicted. The manner in which the petitioner had a pre-plan to get her addicted to alcohol and smoking and later after the victim got addicted to the same practices, the petitioner has abused the victim sexually. Hence, it is not appropriate to grant bail. Making such submissions learned High Court Government Pleader for respondent No.1-State of Karnataka prays to reject the petition.

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7. Heard learned counsel for the respective parties and perused the averments of the charge-sheet, it would indicate that the petitioner is a student of II BBA. He was residing in the same apartment where the victim was residing. It is alleged that the petitioner used to stalk victim and also he used to send messages to the victim, on one or the other pretext. As such, he developed intimacy with her. The victim had been subjected to sexual assault on several occasions. The victim on account of celebration of birthday of the petitioner, had been to his flat and stayed overnight with the petitioner and went back to her house in the morning. Though, it is alleged that sexual assault had taken place on 24.10.2025, the fact remains that, the victim had disclosed the said fact to the Doctor when she was admitted to St. John's Hospital for psychiatric evaluation.

8. Having considering the delay in lodging the complaint about the alleged sexual assault, it is appropriate to grant bail by imposing suitable conditions

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that would take care of the apprehension of the prosecution.

9. Hence, I proceed to pass the following:

ORDER

i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail in Crime.No.250/2025 on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one (01) surety for the like sum to the satisfaction of the Trial Court. iii. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioner shall not enter into the premises of the apartment where the victim is residing till the completion of examination of the victim.

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v. The petitioner shall not visit the apartment/flat where the victim is residing till the victim completes her exam. vi. The petitioner shall not threaten or win over the witness of the prosecution. In case, if, the petitioner violates any of the bail conditions mentioned above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.

Sd/- (S RACHAIAH) JUDGE

NM