- 1 - HC-KAR NC: 2025:KHC:53950 CRL.P No. 14250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14250 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MOHAMMAD DASTHAGIR @ IRFAN S /O. MOHAMMAD RAFIQ AGED ABOUT 22 YEARS R/AT: MADARI PALYA, 1ST CROSS, SHIVAMOGGA SHIVAMOGGA DISTRICT - 577 202. …PETITIONER (BY SRI LETHIF B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TUNGANAGAR POLICE STATION SHIVAMOGGA REP. BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. 2. SHAMSHAD W/O. MUNEER AHMAD AGED ABOUT 45 YEARS EDGA NAGAR R/AT: MADARI PALYA SHIVAMOGGA – 577 202. …RESPONDENTS (BY SMT. B PUSHPALATHA, ADDL SPP FOR R1 R2 – SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53950 CRL.P No. 14250 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.No.310/2025 (SPL.C.No.227/2025) OF TUNGANAGAR P.S., SHIVAMOGGA DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2), 64(2)(m), 329(4) OF BNS AND SECTION 6 OF THE POCSO ACT. 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 BNSS praying to grant bail in Spl.C.No.227/2025 (arising out of Crime No.310/2025 Tunganagar Police Station), registered for offences punishable under Section 137(2), 64(2)(m), 329(4) of BNS and Section 6 of POCSO Act, 2012, pending on the file of Additional District and Sessions Judge, FTSC-1, Shimoga. 2. Heard the learned counsel for the petitioner and learned Additional SPP for respondent/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. - 3 - HC-KAR NC: 2025:KHC:53950 CRL.P No. 14250 of 2025 3. Learned counsel for petitioner would contend that in charge sheet column-17, statement of the victim recorded under Section 183 of BNSS and the statement recorded by the police and in history given to the Doctor, victim has stated that she is having love affair with the petitioner. Learned counsel further submits that the petitioner herself called the victim and both planned and ran away. The victim was aged 16 years as on the date of alleged offence and she 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. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition. 4. Per contra, learned Additional SPP would contend that victim girl is aged 16 years as on the alleged date of offence. There was sexual intercourse between petitioner and the victim girl. The charge sheet material show prima- facie case against the petitioner for the offences alleged against him. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:53950 CRL.P No. 14250 of 2025 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, column - 17, the victim had a love affair with the petitioner. The victim girl in her statement recorded under Section 183 of BNSS has stated that she was in love affair with the petitioner. Even the victim girl has stated the same in her statement recorded by the police. The victim girl is aged 16 years as on the date of alleged offence and she is 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 petitioner is in jail since 05.06.2025. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: - 5 - HC-KAR NC: 2025:KHC:53950 CRL.P No. 14250 of 2025 ORDER The petition is allowed. The petitioner is granted bail in Spl.C.No.227/2025 (arising out of Crime No.310/2025 Tunganagar Police Station), pending on the file of Additional District and Sessions Judge, FTSC-1, Shimoga, subject to following conditions: 1. The petitioner shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the Trial Court. 2. The petitioner shall not tamper the prosecution witnesses either directly or indirectly. 3. The petitioner shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 2 Sl No.: 15 Ct.sm