- 1 - HC-KAR NC: 2025:KHC:48909 CRL.P No. 12334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12334 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHAIK NISAR S/O SHAIK KHADAR, AGED ABOUT 22 YEARS, R/AT NO. 173, 4TH CROSS, YELAHANKA MAIN ROAD, CHIKKABETTA HALLI, BENGALURU NORTH, BENGALURU - 560097. …PETITIONER (BY SRI. LETHIF B.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY YELAHANKA NEW TOWN POLICE STATION, BENGALURU, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. 2. YASMIN W/O SYED MOULANA AGED ABOUT 32 YEARS, R/AT NO. 149, 4TH CROSS, CHIKKABETTA HALLI, BENGALURU - 560097. …RESPONDENTS (BY SMT. B PUSHPALATHA, ADDL. SPP FOR R1) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48909 CRL.P No. 12334 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.211/2025 (SPL.C NO.1723/2025) OF YELAHANKA NEW TOWN POLICE STATION, BENGALURU FOR OFFENCE PUNISHABLE UNDER SECTIONS 87, 64(2)(m), 65(1) OF BNS AND SECTION 4(2), 5(f) R/W 6 OF THE POCSO ACT PENDING ON THE FILE OF THE FTSC IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Spl. C No.1723/2025 (Crime No.211/2025 of Yalahanka New Town Police Station) registered for the offences punishable under Sections 87, 64(2)(m), 65(1) of BNS, 2023 and Sections 4(2), 5(f) read with Section 6 of Protection Of Children from Sexual Offences Act, 2012 pending on the file of the FTSC IV Additional District and Sessions Judge, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:48909 CRL.P No. 12334 of 2025 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. 3. In spite of service notice, respondent No.2 remained absent and unrepresented. 4. The learned counsel for petitioner would contend that, the victim in her statement given before the doctor has stated that, she was in love affair with the petitioner, and she forced him to accompany her. The statement of the victim girl has been recorded under Section 183 of BNS, 2023, after ten days, she has been secured. In the said statement, she has stated that, she was in love affair with the petitioner. The victim girl is aged 14 years, and she knows worldly affairs. The petitioner is aged 22 years, and he is not having any criminal antecedent. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:48909 CRL.P No. 12334 of 2025 5. Per contra, the learned Additional State Public Prosecutor for respondent No.1/State, would contend that, the victim is aged 14 years, and she is unable to understand the worldly affairs. The petitioner is having criminal antecedent, and he is involved in two theft cases. The doctor has given final opinion. The seminal stain is detected on the clothes of the victim. The charge sheet material shows a prima facie case against the petitioner for the offence alleged against him. With this, she prayed for rejection of the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. As per the charge sheet, the age of the victim girl is 14 years, and her date of birth is 12.05.2011. The accusation against the petitioner is that, he got introduced himself to the victim, and told her that, he is loving her, and he will marry her, and took her to Penagonda Town - 5 - HC-KAR NC: 2025:KHC:48909 CRL.P No. 12334 of 2025 and in the lodge stayed with her for three days and had sexual intercourse on her. 8. The victim has been secured on 17.05.2025. The victim has been examined by the doctor on 18.05.2025. The victim gave history before the doctor that, she intentionally forced the petitioner, and they had physical relationship twice one on 14.05.2025 and another on 16.05.2025. The victim in her statement recorded under Section 183 of BNS, 2023 has stated that, she was in love affair with the petitioner. The victim is aged 14 years as on the date of offence, and she is of the age of understanding the consequences of her acts. Even though the petitioner is stated to be involved in two theft cases, there are no other cases alleging similar offence to that of the present case. 9. The petitioner is aged 22 years. As charge sheet is filed, he is not required for further custodial interrogation. He is in judicial custody since 17.05.2025. - 6 - HC-KAR NC: 2025:KHC:48909 CRL.P No. 12334 of 2025 10. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Spl. C No.1723/2025 (Crime No.211/2025 of Yelahanka Town Police Station) registered for the offences punishable under Sections 87, 64(2)(m), 65(1) of BNS, 2023 and Section 4(2), 5(f) read with Section 6 of Protection Of Children from Sexual Offences Act, 2012 pending on the file of the FTSC IV Additional District and Sessions Judge, Bengaluru subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2025:KHC:48909 CRL.P No. 12334 of 2025 b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates hearing, unless exempted and co- operate for speedy disposal of the case. d) The petitioner shall not involve in commission of any offence. If he is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6