- 1 - HC-KAR NC: 2025:KHC:43486 CRL.P No. 13824 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13824 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KENCHAPPA @ KENCHARAYA N S/O NARASIMHAPPA AGED ABOUT 27 YEARS DRIVER R/O BURUDAKUNTE VILLAGE, HIRIYUR TQ, CHITRADURGA DIST., PIN – 577 546. …PETITIONER (BY SRI NAVEEN H M, ADVOCATE) AND: 1. STATE OF KARNATAKA CHALLAKERE POLICE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SMT. THIPPAKKA W/O KENCHANNA @ KENCHARAYA AGED ABOUT 41 YEARS R/O DEVARAMARIKUNTE VILLAGE CHALLAKERE TALUK CHITRADURGA DIST., PIN – 577 522. …RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 R2 IS SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43486 CRL.P No. 13824 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO RELEASE HIM ON REGULAR BAIL IN CRIME No.43/2025 OF RESPONDENT CHALLAKERE POLICE REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 137(2),64 OF BNS ACT AND SEC.4,6 OF POCSO ACT AND ALSO SPL.C.No.76/2025 WHICH IS PENDING BEFORE HON’BLE SPECIAL 2nd ADDL DISTRICT AND SESSIONS JUDGE COURT AT CHITRADURGA. 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 Cr.No.43/2025 of Challakere Police Station registered for offences under Section 137(2), 64 of BNS and Section 4 and 6 of POCSO Act pending in Spl.C.(POCSO)No.76/2025 on the file of Special II Additional District and Sessions Judge, Chitradurga. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. - 3 - HC-KAR NC: 2025:KHC:43486 CRL.P No. 13824 of 2025 3. Learned counsel for the petitioner would contend that the victim girl is aged about 15 years 6 months as on the date of incident. The victim girl had love affair with the petitioner and the same has been stated by the victim girl in her statement. The victim girl has not stated about any forcible sexual intercourse by the petitioner in her statement. Petitioner is of the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is not having any criminal antecedents. With these he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that the victim girl is aged 15 years 6 months as on the date of offence. The consent of the victim girl is no consent in the eye of law. The offence alleged against the petitioner is a heinous offence. If the petitioner is granted bail, there is a threat to victim and other prosecution witnesses. With these she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:43486 CRL.P No. 13824 of 2025 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. The accusation against the petitioner in the charge sheet is that petitioner and the victim girl were in love since 5 months and on 26.01.2025 petitioner took the victim girl on a bike to the house of his sister and during night on 06.04.2025 he had sexual intercourse with her and committed the alleged offences. The statement of the victim girl has been recorded under Section 183 of BNSS. The victim girl has specifically stated that she is loving the petitioner and petitioner is loving her. Upon coming to know their love affair her parents have assaulted her and they intended to perform her marriage with her maternal uncle and she has not stated any forcible act of sexual intercourse by the petitioner on her. The victim girl is aged 15 years 6 months as on the date of alleged offence and she is of the age of understanding the consequences of her acts. As the charge sheet is filed the petitioner is not - 5 - HC-KAR NC: 2025:KHC:43486 CRL.P No. 13824 of 2025 required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to appear before the Special Court on all dates of hearing. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Spl.C (POCSO) No. 76/2025 pending on the file of Special II Additional District and Sessions Judge, Chitradurga arising out of Crime No.43/2025 of Challakere Police Station subject to following conditions: (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the trial Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:43486 CRL.P No. 13824 of 2025 (iii) Petitioner shall appear before the trial Court on all dates appearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 18 Ct.sm