- 1 - HC-KAR NC: 2025:KHC:53045 CRL.P No. 9651 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9651 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MADHU S/O SHIKHAMANI, AGED ABOUT 31 YEARS, R/O D NO. 257, 2ND CROSS, COOKIBLOCK SHED, BACKSIDE OF MARIYAMMA TEMPLE NEW TOWN, BHADRAVATHI 577245. …PETITIONER (BY SRI. PRASAD B S.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY NEW TOWN POLICE STATION, BHADRAVATHI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001. 2. NAGARATHNAMMA W/O LATE NAGESHAPPA, AGE 56 YEARS, OCC HOUSE WIFE, R/O COOLI BLAKSHED, NEAR MASK, BHADRAVATHI TOWN SHIVAMOGGA DISTRICT 577245. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1, RS SERVED - UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53045 CRL.P No. 9651 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER BAIL IN SPL.C.NO.139/2025 PENDING IN THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 4(2) OF POCSO ACT REGISTERED BY THE CR.NO.72/25 REGISTERED IN ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I RESPONDENT BHADRAVATHI, NEW TOWN PS. 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 Nagarik Suraksha Sanhita, 2023 praying to grant bail in Spl.C No.139/2025 pending on the file of the learned Additional District and Sessions Judge, FTSC-I (POCSO) at Shivamogga, registered for the offences punishable under Sections 64, 351(3) of BNS, 2023 and Section 4(2) of POCSO Act (Crime No.72/2025 of Bhadravathi New Town Police Station). 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent No.1/State. - 3 - HC-KAR NC: 2025:KHC:53045 CRL.P No. 9651 of 2025 3. In spite of service of notice, respondent No.2 remained absent and unrepresented. 4. The learned counsel for petitioner would contend that, the victim girl voluntarily went to the spot. There is a delay of 22 days in filing the complaint. If there was any alleged forcible act by this petitioner, the victim girl ought to have filed a complaint immediately. The statement of the victim under Section 183 of BNSS, 2023 has been recorded after three days of the FIR. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 5. Per contra, the learned High Court Government Pleader for the respondent/State contend that, the date of birth of the victim girl is 02.03.2009, and as on the date of incident, she was aged 16 years. The petitioner is a married man having criminal antecedents involved in four cases. If he is granted bail, there is a threat to the victim - 4 - HC-KAR NC: 2025:KHC:53045 CRL.P No. 9651 of 2025 and other prosecution witnesses. The statement of victim girl recorded by the police, and also recorded under Section 183 of BNSS, 2023 clearly indicate the forcible act of this petitioner having sexual intercourse on her. With this, she prayed to reject the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. The date of birth of the victim girl is 02.03.2009, and she was aged 16 years as on the date of incident. The victim girl in her statement recorded by the police and recorded under Section 183 of BNSS, 2023 has not stated anything regarding her love affair with the petitioner. The petitioner had forcible sexual intercourse on the victim girl, and it has been stated by the victim girl in her statement. The victim girl in her statement has stated that, there was a threat by the petitioner to kill her grandmother, and that caused delay in filing the - 5 - HC-KAR NC: 2025:KHC:53045 CRL.P No. 9651 of 2025 complaint. The petitioner is a married man and in spite of that, he took the victim and had forcible sexual intercourse. The charge sheet material shows prima facie case against the petitioner for the offence alleged against him. More so, the petitioner is having criminal antecedents involved in three cases. Out of them, one is POCSO case, another is NDPS case, and one more is offence under Section 392 of IPC. 8. Considering all above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 2 Sl No.: 2