- 1 - HC-KAR NC: 2026:KHC:20055 CRL.P No. 9206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 9206 OF 2025 BETWEEN: MR. NAGESH S/O LATE VENKATARAMANAPPA AGED ABOUT 25 YEARS GOLLU CHINNPPANAHALLI VILLAGE CHIKKABALLAPURA TALUK, CHIKKABALLAPURA KARNATAKA - 562 101 &PETITIONER (BY SRI. ARUN KUMAR B., ADVOCATE (ABSENT)) AND: 1. STATE OF KARNATAKA BY BUDIKOTE P S REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA 2. SMT RADHAMMA S/O LATE RAMACHANDRAPPA R/AT HURLAHALLI VILLAGE, MAGONDI POST, BANGARPET TALUK, KGF KARNATAKA - 563 114 &RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 R2 - SERVED) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20055 CRL.P No. 9206 of 2025 REGULAR BAIL IN SPL.CASE (POCSO) NO.21/2025, BUDIKOTE P.S. FOR OFFENCES P/U/S 137 (2), 64 (2) (m) OF BNS, 2023 ALONG WITH SEC 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, WHICH NOW PENDING BEFORE HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC- 1 (POSCO), KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the petitioner failed to appear before the Court despite granting the sufficient time. 2. Petitioner has preferred the present petition for grant of bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023. 3. In order to facilitate the petitioner to have his say in the matter on account of his advocate not appearing, to proceed with the case where the bail petition is pending on and from 28.06.2025, this Court directed the - 3 - HC-KAR NC: 2026:KHC:20055 CRL.P No. 9206 of 2025 petitioner to be produced through video conference by the Sub-Jail Chintamani. 4. Accordingly, he has been produced before the Court by the Jail Authorities of Sub Jail, Chintamani. 5. On enquiry petitioner would submit that incident is a case of a love affair. He also submits that the victim girl would support him in the pending trial. 6. Taking note of the fact that the age of the victim girl as on the date of incident is 16 years and charge against the accused is under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the grounds of the bail petition would say that it is a consensual act, following the dictum of the Hon'ble Apex Court in the case of Independent Thought Vs. Union of India and Another reported in (2017) 10 SCC 800, the contentions on behalf of the of the petitioner cannot be accepted at least at this stage. - 4 - HC-KAR NC: 2026:KHC:20055 CRL.P No. 9206 of 2025 7. However, if after victim girl is examined before the Special Court and if there is any positive material in favour of the petitioner, he may renew the bail request with the successive bail petition. 8. Reserving such liberty to the petitioner, the present petition stands dismissed. Sd/- (V SRISHANANDA) JUDGE BVK List No.: 1 Sl No.: 3