- 1 - HC-KAR NC: 2025:KHC:49910 CRL.P No. 14600 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14600 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ASHOKA.R S/O.RAGHUVATH AGED ABOUT 23 YEARS R/O CHIKKAMARADI VILLAGE SHIVAMOGGA, TALUK AND DISTRICT PIN – 577 222. …PETITIONER (BY SRI KRISHNAPPA N R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY INSPECTOR OF POLICE SHIVAMOGGA RURAL POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. BHARATHI W/O, LATE ANANTHA AGED 38 YEARS OCC: MASON R/O CHIKKAMARADI VILLAGE SHIVAMOGGA TALUK AND DISTRICT PIN - 577 222. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1 R-2 SERVED AND UNREPRESENTTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49910 CRL.P No. 14600 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO GRANT HIM BAIL IN CR.No.135/2025 REGISTERED BY RESPONDENT No.1 IN SHIVAMOGGA RURAL P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 87, 137(2), 127(3), 64(2)(m) OF BNS ACT, 2023. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.135/2025 of Shivamogga Rural Police Station registered for offences punishable under Sections 87, 137(2), 127(3), 64(2)(m) of BNS pending in Special Case No.248/2025 on the file of Additional District and Sessions Judge, FTSC-I, Shivamogga. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for Respondent No.1 -State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. - 3 - HC-KAR NC: 2025:KHC:49910 CRL.P No. 14600 of 2025 3. Learned counsel for the petitioner would contend that there was love affair between petitioner and the victim girl. The said love affair was known to the mother of the victim girl. The mother of the victim girl permitted her to talk with the petitioner stating that they will perform her marriage with the petitioner. Subsequently, mother of the petitioner has refused for marriage of the victim with the petitioner. The victim was aged 17 years and victim is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 03.07.2025 and as charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent No.1-State would contend that the victim girl was aged 17 years as on the date of alleged offence. The victim has stated the forcible act of the petitioner in that statement. The doctor who examined the - 4 - HC-KAR NC: 2025:KHC:49910 CRL.P No. 14600 of 2025 victim has opined that there are signs of sexual intercourse. The charge sheet materials show prima facie case against the petitioner. With this, she prayed to reject the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. 6. On perusal of statement of the victim girl recorded under Section 183 of BNSS, it is clear that she is in love affair with the petitioner and she forced him to take her from her house. The victim girl is aged about 17 years as on the date of alleged offence. The victim girl is of the age of understanding the consequences of her acts. There are no criminal antecedents of the petitioner. The petitioner is in judicial custody since 03.07.2025 and as charge sheet is filed, he is not required for the custodial interrogation. There are no criminal antecedents of the petitioner. Considering above aspect, the petitioner has made out the case for grant of bail with conditions. - 5 - HC-KAR NC: 2025:KHC:49910 CRL.P No. 14600 of 2025 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.135/2025 of Shivamogga Rural Police Station registered for offences punishable under Sections 87, 137(2), 127(3), 64(2)(m) of BNS pending in Special Case No.248/2025 on the file of Additional District and Sessions Judge, FTSC-I, Shivamogga subject to following conditions: a) The petitioner –accused shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. b) The petitioner –accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner –accused shall attend the trial Court on all dates of hearing unless exempted - 6 - HC-KAR NC: 2025:KHC:49910 CRL.P No. 14600 of 2025 and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 60 Ct.sm