- 1 - HC-KAR NC: 2025:KHC:43432 CRL.P No. 13521 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. 13521 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SHIFTHAN @ KALU S/O. LATE MAHAZAR PASHA, AGED ABOUT 26 YEARS, R/AT BABA SAB COLONY, 2ND CROSS, ARSIKERE TOWN, HASSAN - 01. …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ARASIKERE TOWN POLICE STATION, HASSAN DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SHAMABHANU D/O. AMJADH, AGED ABOUT 40 YEARS, R/AT: 3RD CROSS, TIPPU NAGAR, ARSIKERE TOWN, HASSAN DISTRICT - 01. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1; SRI. ANAND H., ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43432 CRL.P No. 13521 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C. NO.303/2025 ARISING OUT OF CRIME NO.86/2025 REGISTERED BY ARASIKERE TOWN POLICE STATION, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-1, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTION 64 OF BNS, UNDER SECTIONS 4 AND 6 OF POCSO ACT, 2012. 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 sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Special Case No.303/2025 pending on the file of the Additional District and Sessions Judge and FTSC-I, Hassan registered for offences punishable under Section 64 of Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of POCSO Act arising out of Crime No.86/2025 of Arasikere Town Police Station. 2. Heard the learned counsel for petitioner, learned Additional State Public Prosecutor for respondent No.1 - State and Learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:43432 CRL.P No. 13521 of 2025 3. Learned counsel for petitioner would contend that, the victim girl was in love affair with the petitioner. The statement of the victim girl has been recorded under Section 183 of BNSS wherein she has stated that, she is in love affair with the petitioner and she has not stated any force by the petitioner on her for having sexual intercourse. The victim was aged sixteen (16) years as on the date of the offence and she is capable of understanding the consequences of her acts. Learned counsel for petitioner has filed the affidavit of his mother viz., Syada Banu, W/o. Late Mazar Pasha. The said Syada Banu - mother of the petitioner is present before the Court. In the affidavit, it is stated that, the petitioner has instructed her that he has agreed to marry the victim girl after she attains the age of maturity and undertakes to look after the victim girl and child. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:43432 CRL.P No. 13521 of 2025 4. Per contra, learned Additional State Public Prosecutor for respondent No.1 would contend that, due to the act of this petitioner having sexual intercourse with the victim girl, she became pregnant and gave birth to a female child. The DNA test indicates that, the petitioner is the biological father of the child born to the victim. The offence alleged against the petitioner is a heinous offence. With these, she prayed for dismissal of the petition. 5. Learned counsel for respondent No.2 has filed affidavit of respondent No.2 - Shama Bhanu, W/o. Amjad, who is the mother of the victim girl and respondent No.2 is also present before the Court. He submits that, in the said affidavit, respondent No.2 has stated that, the petitioner belongs to their community and with the intervention of the relatives and elders of the community, the petitioner has agreed to marry her daughter and she has also agreed to give her daughter in marriage to the petitioner after she attains the age of majority. She has also stated that, she has no objection for release of the petitioner on bail. - 5 - HC-KAR NC: 2025:KHC:43432 CRL.P No. 13521 of 2025 6. Having heard the learned counsels appearing for the parties, the Court has perused charge sheet and other materials placed on record. 7. On the basis of the statement of the victim girl, a case came to be registered against the petitioner in Crime No.86/2025 of Arasikere Town Police Station. After investigation, the charge sheet has been filed against the petitioner for offences under Section 64 of BNS and Sections 4 and 6 of POCSO Act. On perusal of the statement of the victim girl recorded by the Police and Judicial Magistrate under Section 183 of BNSS, she has stated that, she was in love affair with the petitioner and she had gone to his house nine (9) months ago, where he had sexual intercourse with her and she became pregnant and gave birth to a female child. The victim girl was aged sixteen (16) years as on the date of alleged offence. The victim girl was 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 - 6 - HC-KAR NC: 2025:KHC:43432 CRL.P No. 13521 of 2025 mother of the petitioner has filed the affidavit stating that, the petitioner has instructed her that he has agreed to marry the victim girl after she attains the age of maturity and undertakes to look after the victim girl and child. Respondent No.2 has also filed the affidavit stating that, the petitioner belongs to their community and with the intervention of the relatives and elders of the community, the petitioner has agreed to marry her daughter and she has also agreed to give her daughter in marriage to the petitioner after she attains the age of majority. She has also stated that, she has no objection for release of the petitioner on bail. 8. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER This Criminal Petition is allowed. The petitioner is granted bail in Special Case No.303/2025 pending on the - 7 - HC-KAR NC: 2025:KHC:43432 CRL.P No. 13521 of 2025 file of Additional District and Sessions Judge and FTSC-I, Hassan, arising out of Crime No.86/2025 of Arasikere Town Police Station, 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 likesum to the satisfaction of the Trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 9