- 1 - HC-KAR NC: 2026:KHC:3253 CRL.P No. 15805 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15805 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: RAJESHA S/O. RAMEGOWDA @ DONEGOWDA, AGED ABOUT 23 YEARS, DRIVER, R/O. PADIGOUDANAKOPPALU VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432. …PETITIONER (BY SRI. SHARATH J.M., ADVOCATE FOR SRI. PUNEETH B.S., ADVICATE) AND: 1. STATE BY MANDYA WOMEN POLICE MANDYA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE-560 001. 2. BHAGYAMMA W/O. CHANNEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT T. CHANNAPURA VILLAGE, NAGAMANGALA TALUK, MANDYA-571 432. …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1; R-2 SERVED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3253 CRL.P No. 15805 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.144/2025 ARISING OUT OF CR.NO.39/2025 OF MANDYA WOMEN P.S., MANDYA, PENDING ON THE FILE OF ADDL. SESSIONS JUDGE, FTSC-II, MANDYA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 87, 78(2), 64(1), 127(3) OF BNS, 2023, UNDER SECTION 4 OF POCSO ACT, 2012, BY ALLOWING THIS PETITION. 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 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Spl. C No.144/2025 pending on the file of the learned Additional Sessions Judge, FTSC-II, Mandya, arising out of Crime No.39/2025 of Mandya Women Police Station registered for the offences punishable under Sections 137(2), 87, 78(2), 64(1), 127(3) of Bharatiya Nyaya Sanhita, 2023, and Section 4 of Protection Of Children Sexual Offences Act, 2012. [ 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader respondent No.1/State. - 3 - HC-KAR NC: 2026:KHC:3253 CRL.P No. 15805 of 2025 3. In spite of service of notice, the respondent No.2 remained absent and unrepresented. 4. The learned counsel for petitioner would contend that the victim girl is aged 17 years, and petitioner is aged 23 years. The victim girl is having love affair with the petitioner since six years, and the same has been stated by her in her statement recorded under Section 183 of BNSS. The doctor who examined the victim girl has not given final opinion, and it is kept pending receipt of FSL report. The FSL report is negative. The father of the victim girl had filed a complaint on 08.05.2025, and there is no allegation against this petitioner in the said complaint. Subsequently, the mother of the victim girl has filed a complaint making allegations against the petitioner. Now the investigation is over. Charge sheet has been filed and therefore the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:3253 CRL.P No. 15805 of 2025 5. Per contra, the learned High Court Government Pleader for the respondent No.1/State would contend that the victim girl is aged 17 years and the petitioner was aware of the same. It is alleged that the petitioner, being a married man, took the victim girl to Bengaluru, kept her in a house, and had sexual intercourse with her. The victim girl, in her statement recorded under Section 183 of the BNSS, has specifically stated that the petitioner had sexual intercourse with her. The doctor who examined the victim girl has noted that her hymen is not intact. The petitioner, in his voluntary statement, has admitted having committed sexual intercourse with the victim girl. The charge sheet material shows a prima facie case against the petitioner for the offences alleged against him. 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. - 5 - HC-KAR NC: 2026:KHC:3253 CRL.P No. 15805 of 2025 7. The case of the prosecution as per charge sheet is that the petitioner had love affair with the victim girl. The petitioner married CW6 about one year ago. Despite the same, he continued to remain in contact with the victim girl, wished her on her birthday, purchased a smart phone for her, and communicated with her through messages on the said phone. Upon coming to know of this, CW6, the wife of the petitioner, informed the parents of the victim girl. Thereafter, the petitioner, stating that his wife was not at home, asked the victim girl to come to Bengaluru. On 06.05.2025, he took the victim girl in an autorickshaw to the Mandya KSRTC bus stand and thereafter took her to the house of CW7, where he had sexual intercourse with her. Subsequently, on 07.05.2025, the petitioner took the victim girl back and left her at Mandya. 8. The statement of CW6 indicates that the petitioner married her about one year ago. Despite the petitioner having married CW6, he continued contacts with - 6 - HC-KAR NC: 2026:KHC:3253 CRL.P No. 15805 of 2025 the victim girl. It is further alleged that the petitioner took the victim girl, kept her in a house, and had sexual intercourse with her against her will. The victim girl is aged 17 years. The petitioner, in spite of being a married man, to satisfy his lust, has committed the alleged offences. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. The offence alleged against the petitioner is punishable with imprisonment which may extend to twenty years. 9. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 12