- 1 - HC-KAR NC: 2025:KHC:54197 CRL.P No. 15045 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15045 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHRIDHARA T S S/O. SHEKARAPPA AGED ABOUT 22 YEARS R/AT C/O. NARAYANAPPA’S RENTED HOUSE, NEAR GANESHA TEMPLE 17TH CROSS, VINAYAKANAGAR, HEBBAGODI BENGALURU-560 099. …PETITIONER (BY Ms. NIKHITHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BYAPPANAHALLI PS, REP. BY S P P, HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SATHISH S/O. SUGIYAPPA AGED ABOUT 47 YEARS R/AT SHEET MANE 1ST CROSS, RAMAIYYA GARDEN MALLESH PALYA BENGALURU-560 075. …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:54197 CRL.P No. 15045 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.CC No.1147/2025 ARISING OUT OF CRIME No.82/2025 REGISTERED BY THE BYAPPANAHALLI POLICE AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2) AND 64 OF BNS 2023 AND SECTION 4 AND 21 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES 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 accused No.1 under Section 483 of BNSS praying to grant bail in Special C.C.No. 1147/2025 arising out of Crime No.82/2025 of Byappanahalli Police Station registered for offences punishable under Sections 137(2) and 64 of BNS and Sections 4 and 21 of Protection of Children from Sexual Offences Act pending on the file of Additional City Civil and Sessions Judge, FTSC -III, Bangalore. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State. In spite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for the petitioner would contend that there was love affair between petitioner and the victim girl - 3 - HC-KAR NC: 2025:KHC:54197 CRL.P No. 15045 of 2025 and the same has been stated by the victim girl in her statement recorded under Section 183 of BNSS. The victim herself made a phone call to petitioner and went along with him and stayed for 15 days. The victim girl is aged 16 years 11 months and she is of the age of understanding consequences of her acts. As charge sheet is filed, the petitioner is not required for further custodial interrogation. With this she prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would content that the victim girl in her statement has stated the forcible act of sexual intercourse by the petitioner on the victim girl. The victim girl is aged 16 years 11 months 08 days as on the date of offence. The offence alleged against the petitioner is punishable with imprisonment for 10 years and it may extend to imprisonment for life. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge, the case of the prosecution is that the petitioner –accused No.1 on 19.04.2025 at 07.30 a.m., came near the house of C.W.1 and abducted her in his auto and - 4 - HC-KAR NC: 2025:KHC:54197 CRL.P No. 15045 of 2025 took her to the land of C.W.8 and kept her in sheet house and had sexual intercourse after 06 days. The statement of the victim girl has been recorded under Section 183 of BNSS wherein she has stated that she was in love with the petitioner. The doctor who examined the victim girl has stated that sexual contact cannot be ruled out. There are no criminal antecedents of the petitioner. As the charge sheet is filed, the petitioner, it is not required for custodial interrogation. The victim was of the age of understanding the consequences of her acts. Considering all above aspects, 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 is granted bail in Special C.C.No. 1147/2025 arising out of Crime No.82/2025 of Byappanahalli Police Station registered for offences punishable under Sections 137(2) and 64 of BNS and Sections 4 and 21 of Protection of Children from Sexual Offences Act pending on the file of Additional City Civil - 5 - HC-KAR NC: 2025:KHC:54197 CRL.P No. 15045 of 2025 and Sessions Judge, FTSC -III, Bangalore subject to following conditions: a) The petitioner -accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the jurisdictional Court. b) The petitioner -accused No.1 shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused No.1 shall attend the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 14