- 1 - HC-KAR NC: 2025:KHC:47807 CRL.P No. 11747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11747 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI SRIKANTH S S/O ANIL ALIAS SRINIVASA AGED ABOUT 21 YEARS R/AT: WARD No.31 INDIRA NAGARA CHIKKABALLAPUR TOWN CHIKKABALLAPURA DISTRICT – 562 101. …PETITIONER (BY SRI DEVENDRA N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKABALLAPURA WOMEN POLICE STATION, CHIKKABALLAPURA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SMT. LEELAVATHI W/O NARASIMHAMURTHY AGED ABOUT 35 YEARS R/AT: EERENAHALLI VILLAGE NANDI HOBLI, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT – 562 101. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1 R2 SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47807 CRL.P No. 11747 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME No.0020/2025 FOR THE PUNISHABLE UNDER SECTIONS 54, 64 (2) (m), 96, 127 (3), 137 (2) OF BNS, SECTIONS 5(L), 6 AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENSES ACT, 2012 AND SECTIONS 9, 10 AND 11 OF THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT, 2016 REGISTERED BY CHIKKABALLAPUR WOMEN POLICE STATION, CHIKKABALLAPUR DISTRICT. 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 Accused no. 1 under Section 483 of BNSS praying to grant bail in Crime No.20/2025 of Chikkaballapura Woman Police Station pending in Special SC.No.79/2025 on the file of IV Additional District and Sessions Judge, Chikaballapura registered for offences under Section 54, 64(2)(m), 96, 127(3), 137(2) of BNS, Section 5(L) 6, 17 of Protection of Children from Sexual Offences Act, 2012 and Section 9, 10 and 11 of Prohibition of Child Marriage Act, 2006. - 3 - HC-KAR NC: 2025:KHC:47807 CRL.P No. 11747 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that there was love affair between the petitioner and the victim and they married and lead marital life. The victim is of the age of understanding the consequences of her act. The victim has not alleged any forcible sexual intercourse by this petitioner on her. The charge sheet is filed and therefore, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the victim was minor as on the date of alleged offence. The statement of victim has been recorded under Section 183 of BNSS, wherein she has specifically stated the acts of this petitioner having sexual intercourse with her. The charge sheet shows prima-facie case against the petitioner - 4 - HC-KAR NC: 2025:KHC:47807 CRL.P No. 11747 of 2025 for offences alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, charge sheet and other materials placed on record. 6. The case of the prosecution is that this petitioner promising to marry the victim took her to the house of accused Nos.3 and 4 and married in the house and thereafter had sexual intercourse on her 4 to 5 times. The statement of the victim girl has been recorded by the police and also under Section 183 of BNSS. In both the statements, the victim has stated that she was in love affair with the petitioner. The victim has not alleged any forcible sexual intercourse on her by the petitioner in her statement recorded under Section 183 of BNSS. The victim was aged more than 16 years and she was of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 12.03.2025 and as the charge sheet is filed, he is not required for custodial - 5 - HC-KAR NC: 2025:KHC:47807 CRL.P No. 11747 of 2025 interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is granted bail in Spl.S.C. No.79/2025 (arising out of Crime No.20/2025 of Chikkaballapura Police Station) pending on the file of IV Additional District and Sessions Judge, Chikkaballapura, subject to following conditions: (i) The 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) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) The petitioner shall attend the trial Court on all dates of hearing unless - 6 - HC-KAR NC: 2025:KHC:47807 CRL.P No. 11747 of 2025 exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 2 Ct.sm