- 1 - HC-KAR NC: 2025:KHC:45355 CRL.P No. 13130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13130 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR ADITHYA @ ADINATHA SWAMY S/O MR. PRABHULINGA SWAMY AGED ABOUT 20 YEARS RESIDENT OF BALLIGAVI VILLAGE, SHIRALAKOPPA TALUK SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. PRAMOD CHANDRA I S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIRALKOPPA POLICE STATION, SHIVAMOGGA, REPRESENTED BY THE STATE PUBLIC PROSECUTORS, HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. MRS. PUSHPA, W/O MR. MANJAPPA AGED 40 YEARS,RESIDENT OF KORATAGERE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT PIN - 577427. …RESPONDENTS (BY SMT.PUSHPALATHA B, ADDL. SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45355 CRL.P No. 13130 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL.C.NO.212/2025 (ARISING OUT OF CRIME NO.127/2025) REGISTERED WITH SHIRALKOPPA POLICE STATION, SHIVAMOGGA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 65(1), 64(2)(m), 87 OF BNS AND SECTIONS 6, 17 OF POCSO ACT AND PENDING ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-I (POCSO) AT SHIVAMOGGA. 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 Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in Special Case No.212 of 2025 (arising out of Crime No.127 of 2025 of Shiralakoppa Police Station Shivamoga), registered for the offences punishable under Sections 65(1), 64(2)(m), 87 of BNS, 2023 and Sections 6 and 17 of the Protection Of Children From Sexual Offences Act, 2012 pending on the file of the learned Additional District and Section Judge, FTSC-I, POCSO, Shivamogga. - 3 - HC-KAR NC: 2025:KHC:45355 CRL.P No. 13130 of 2025 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent No.1 State. 3. Respondent No.2 in spite of notice remained absent and unrepresented. 4. The learned counsel for the petitioner would contend that, there is no allegation of any sexual intercourse by this petitioner on the victim in her statement recorded under Section 183 of BNSS, 2023. The petitioner and the victim are having love affair. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is aged 20 years. He is in judicial custody since 24.05.2025. There are no criminal antecedents of the petitioner. With this, he prayed to allow of the petition. 5. Per contra, the Additional State Public Prosecutor for the respondent - State would contend that, the victim in her statement to the police has stated - 4 - HC-KAR NC: 2025:KHC:45355 CRL.P No. 13130 of 2025 regarding the act of sexual intercourse by this petitioner on her, but she has not stated in her statement recorded under Section 183 of BNSS, 2023. The victim is a minor. The charge sheet shows a prima facie case against the petitioner for the offences alleged against him. With this, she prayed for rejection of the petition. 6. Having heard the learned counsel, the Court has perused charge sheet and other materials placed on record. 7. The accusation against this petitioner is abducting the victim girl, and keeping her in the house of accused No.2 and having sexual intercourse on her for two days. The statement of victim girl has been recorded under Section 183 of BNSS, 2023, wherein she has not stated any sexual intercourse by this petitioner on her. The mother of the victim had earlier not given consent for medical examination of the victim girl on 24.05.2025, and subsequently she gave consent. The doctor, who examined - 5 - HC-KAR NC: 2025:KHC:45355 CRL.P No. 13130 of 2025 the victim has not given final opinion. The FSL examination of the clothes and other articles is found negative for seminal stains, spermatozoa, blood stains. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 24.05.2025. He is not having any criminal antecedent. 8. 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 Special Case No.212 of 2025 (arising out of Crime No. 127 of 2025 of Shiralakoppa Police Station) pending on the file of the learned Additional District and Sessions Judge, FTSC-I, POCSO, Shivamogga subject to following conditions. - 6 - HC-KAR NC: 2025:KHC:45355 CRL.P No. 13130 of 2025 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. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 3