- 1 - HC-KAR NC: 2025:KHC:39990 CRL.P No. 9402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9402 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: T.SANDEEP S/O. THIPPAREDDY, AGED ABOUT 31 YEARS, OCC: AGRICULTURIST, R/O. BHOGENAHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522. …PETITIONER (BY SRI. S.G.RAJENDRA REDDY, ADVOCATE) AND: 1. THE STATE BY THALAK POLICE CHITRADURGA DISTRICT, REPRESENTED BY S.P.P., HIGH COURT, BENGALURU-560001. 2. SHANTHAVEERAMAM G.P., SUPERVISOR, DODDAULLARTHI CIRCLE, WOMEN-CHILD DEVELOPMENT DEPARTMENT, CHALAKERE, CHITRADURGA DISTRICT-577522. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; R2 SERVED, BUT UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39990 CRL.P No. 9402 of 2025 THIS CRIMINAL PETITION IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.99/2025 OF THALAK POLICE STATION, CHITRADURGA DISTRICT, REGISTERED FOR THE OFFENCE P/US/ 64(2)(m) OF BNS 2023 AND SEC.4,6,17 OF POCSO ACT 2012 PENDING ON THE FILE OF THE SPECIAL 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADUGA. THIS CRIMINAL 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 petitioner –accused No.1 under Section 483 of BNSS seeking grant of bail in Crime No.99/2025 of Thalak Police Station registered for offences punishable under Sections 64(2)(m) of Bhartiya Nyaya Sanhita, 2023 and Sections 4, 6 and 17 of Protection of Children form Sexual Offences Act, 2012. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent Nos.1 and 2. 3. Learned counsel for the petitioner would contend that investigation has been completed and charge - 3 - HC-KAR NC: 2025:KHC:39990 CRL.P No. 9402 of 2025 sheet has been filed. Therefore, the petitioner is not required for custodial interrogation. He submits that the victim girl is aged 17 years and she and her mother were driven out from house by her father. She contacted the petitioner through instagram and went along with him. The victim girl has love affair with the petitioner since one year prior to the incident. The victim girl has not stated any forcible acts of the petitioner. As charge sheet is filed, the petitioner –accused No.1 is not required for custodial interrogation. With these, he prays to allow the petition and grant bail to the petitioner –accused No.1. 4. Per contra learned High Court Government Pleader for respondent Nos.1 and 2 would contend that age of the victim girl is 17 years and age of the petitioner is 31 years and there is age difference between them. Taking advantage of broken family of victim girl, the petitioner had love affair with the victim girl and had sexual intercourse under the promise of marriage. There is prima facie case against the petitioner for offences - 4 - HC-KAR NC: 2025:KHC:39990 CRL.P No. 9402 of 2025 alleged against him. With these, she prays to dismiss the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The case has been registered in Crime No.99/2025 of Thalak Police Station, Chitradurga District against the petitioner –accused No.1 and two others for offences punishable under Sections 64(2)(m) of Bhartiya Nyaya Sanhita, 2023 and Sections 4, 6 and 17 of Protection of Children form Sexual Offences Act, 2012 on the complaint filed by Women Supervisor. The police after investigation have filed charge sheet against the petitioner and other accused persons for the said offences. The age of the victim girl is 17 years. On perusal of averments of first information and statement of the victim girl, she had came contact with the petitioner through instagram and they had love affair. There were differences between father and mother of the victim girl and therefore, the - 5 - HC-KAR NC: 2025:KHC:39990 CRL.P No. 9402 of 2025 victim girl and her mother were driven out by her father from house. The victim girl intimated same to the petitioner, the petitioner took her, gave shelter and had intercourse with her. The victim girl has not stated any forcible acts of the petitioner on her. As charge sheet is filed, the petitioner –accused No.1 is not required for custodial interrogation. The victim is aged 17 years and she is of the age of understanding consequence of her acts. The petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is granted bail in Crime No.99/2025 of Thalak Police Station for offences punishable under Sections 64(2)(m) of Bhartiya Nyaya Sanhita, 2023 and Sections 4, 6 and 17 of Protection of Children form Sexual - 6 - HC-KAR NC: 2025:KHC:39990 CRL.P No. 9402 of 2025 Offences Act, 2012 subject to following conditions; a. The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner –accused No.1 shall not tamper prosecution witnesses; c. The petitioner –accused No.1 appear before the trial court on all the dates of hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 16