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2026 DAILYLAW 51247 (KAR)

SRINIVASA v. STATE OF KARNATAKA

CRL.P/15809/2025 · 2026-01-06

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:531 CRL.P No. 15809 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15809 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRINIVASA S/O BHOGARAJA AGED ABOUT 26 YEARS TRACTOR DRIVER AND COOLIE NEAR HULIGAMMA TEMPLE RAMPURA VILLAGE, MOLAKALMURU TQ., CHITRADURGA DIST. PIN - 577 540. …PETITIONER (BY SRI NAVEEN H M, ADVOCATE) AND: 1. STATE OF KARNATAKA RAMPURA POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SRI GANGAIAH S/O LATE THIMMANNA AGED ABOUT 39 YEARS COOLIE, R/O NEAR ELUMAKALAMMA TEMPLE RAMPURA VILLAGE, MOLAKALMURU TQ., CHITRADURGA DIST. PIN -577 540. …RESPONDENTS (BY SRI HARISH GANAPATHY, HCGP FOR R1 SRI SNATHOSH KUMAR H R, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:531 CRL.P No. 15809 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON REGULAR BAIL IN CRIME No.57/2025 OF RESPONDENT RAMPURA POLICE REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(m), 65(1) OF BNS ACT AND SECTION 4, 6, 8, 12 OF POCSO ACT AND ALSO SPL.CASE No.89/2025, WHICH IS PENDING BEFORE HON’BLE SPL. 2ND ADDL. DISTRICT AND SESSIONS JUDGE COURT AT 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 Spl.C.No.89/2025 (Crime No.57/2025 of Rampura Police Station) pending on the file of the Special 2nd Additional District and Sessions Judge, Chitradurga, registered for offences under Section 137(2), 64(2)(m), 65(1) of BNS and Sections 4, 6, 8 and 12 of POCSO Act. 2. Heard learned counsel for petitioner, learned counsel for Respondent No.2 and learned HCGP for Respondent No.1. - 3 - HC-KAR NC: 2026:KHC:531 CRL.P No. 15809 of 2025 3. Learned counsel for petitioner would contend that there was love affair between petitioner and the victim girl. The petitioner is relative of the victim girl. The evidence of the victim girl has already been recorded and in the cross-examination she has stated that petitioner has not given any trouble to her. The petitioner is in judicial custody since last 7 months. With this he prays to allow the petition. 4. Learned counsel for respondent No.2 submits that the petitioner and victim girl are relatives. Both the families have decided for performing marriage of petitioner with the victim girl after she attaining the age of majority. He further submits that respondent No.2 has no objection for grant of bail to the petitioner. 5. Learned HCGP would contend that the victim girl in her statement recorded under Section 164 of Cr.P.C has specifically stated the acts of this petitioner having forcible sexual intercourse on her. Even she has stated the same - 4 - HC-KAR NC: 2026:KHC:531 CRL.P No. 15809 of 2025 in her chief examination. With this, he 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. As per column 17 of the charge sheet, the petitioner had love affair with the victim girl and he took her on his bike to a forest area and had sexual intercourse on her. Subsequently, on 26.04.2025 also, he took her on motorcycle to a land where he had sexual intercourse on her. The victim girl is aged 16 years as on the date of incident. The victim girl and the petitioner are stated to be relatives. As per submission of learned counsel for respondent No.2, the family of petitioner and family of the victim girl have now agreed for performing marriage of victim girl with the petitioner after victim girl attaining the age of majority. The victim girl is aged 16 years and she is of the age of understanding of the consequence of her acts. There are no criminal antecedents of the petitioner. - 5 - HC-KAR NC: 2026:KHC:531 CRL.P No. 15809 of 2025 8. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Spl.Case.No.89/2025 (Crime No. 57/2025 of Rampura Police Station) pending on the file of Special 2nd Additional District and Sessions Judge, Chitradurga, subject to following conditions: (i) Petitioner 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. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and - 6 - HC-KAR NC: 2026:KHC:531 CRL.P No. 15809 of 2025 co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 27 Ct.sm