- 1 - HC-KAR NC: 2025:KHC:46947 CRL.P No. 12717 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12717 OF 2025 BETWEEN: PRATHAPA S/O HANUMANTHAPPA AGED ABOUT 19 YEARS FINANCIER R/O GIRIYAPURA VILLAGE HOSADURGA TLAUK CHITRADURGA DISTRICT – 577 527. …PETITIONER (BY SRI KIRAN KUMAR H, ADVOCATE) AND: 1. STATE BY SRIRAMPURA POLICE CHITRADURGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. VASANTHA K., D/O KARIYAPPA AGED ABOUT 17 YEARS R/O GIRIYAPURA VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT – 577 527. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDL. SPP FOR R1) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46947 CRL.P No. 12717 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C (POCSO) NO.46/2025 ARISING OUT OF CR.NO.12/2025 REGISTERED BY THE RESPONDENT NO.1 POLICE SRIRAMPURA P.S., FOR THE OFFENCES P/U/S 4, 6, 8, 12 OF POCSO ACT, U/S 137(2), 64(2)(m) OF BNS, 2023, ON THE FILE OF THE HON’BLE SPECIAL 2nd ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA. 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 Special Case (POCSO) No.46/2025 arising out of Crime No.12/2025 of Srirampura Police Station registered for offences punishable under Sections 4,6,8 and 12 of Protection of Children from Sexual Offences Act, 2012 and Sections 137(2), 64(2)(m) of BNS, 2023 pending on the file of Special II Additional District and Sessions Judge, Chitradurga. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent -State. Inspite of - 3 - HC-KAR NC: 2025:KHC:46947 CRL.P No. 12717 of 2025 service of notice, respondent No.2 / her guardian remained absent and unrepresented. 3. Learned counsel for the petitioner would contend that the victim girl in her first information dated 14.01.2025 has not made any allegation of sexual assault by this petitioner on her. Subsequently, based on her statement recorded by the police and statement made by her under Section 183 of BNSS, charge sheet has been filed against the petitioner for offences punishable under Sections 4 and 6 of POCSO Act with other offences. FIR was earlier registered for offences under Sections 8 and 12 of POCSO Act. The victim girl in her statement recorded by the police and in her statement recorded under Section 183 of BNSS has stated that she is having love affair with petitioner. The victim girl has given the statement of forcible sexual intercourse only at the instigation of her parents. The charge sheet has been filed and material witnesses have been examined including the victim. The petitioner is in judicial custody since 16.01.2025. As - 4 - HC-KAR NC: 2025:KHC:46947 CRL.P No. 12717 of 2025 charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP for respondent No.1 -State would contend that victim girl in her statement recorded by the police, statement recorded under Section 183 of BNSS and in her evidence has specifically stated the act of forceful sexual intercourse by this petitioner on her. The FSL report indicate that the seminal stains were detected in the leggings of the victim girl. The trial is in progress and if petitioner is granted bail at this stage, he will remain absconding and it may hamper the further trial. With these, she prayed to reject the petition. 5. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record. 6. As per school records, the date of birth of the victim girl is 23.06.2008. The alleged incident has taken - 5 - HC-KAR NC: 2025:KHC:46947 CRL.P No. 12717 of 2025 place on 10.01.2025. The victim was aged 16 ½ years as on the date of alleged incident. The victim in her first information dated 14.01.2025 has not alleged any sexual intercourse by this petitioner on her. The victim girl has stated that she was having love affair with the petitioner in her statement recorded by the police and in her statement recorded under Section 183 of BNSS. Material witnesses are already examined including the victim. Official witnesses are yet to be examined. There are no criminal antecedents of the petitioner. The petitioner is aged 19 years. Considering the above aspects, the petitioner has made out a 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 case (POCSO)No.46/2025 arising out of Crime No.12/2025 of Srirampuga Police Station pending on the file of Special II Additional - 6 - HC-KAR NC: 2025:KHC:46947 CRL.P No. 12717 of 2025 District and Sessions Judge, Chitradurga subject to following conditions; a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused 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 DSP List No.: 1 Sl No.: 42