- 1 - HC-KAR NC: 2026:KHC:5555 CRL.P No. 16504 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16504 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI ABHI S/O NARAYANAPPA AGED ABOUT 21 YEARS R/AT SHIVAJINAGAR, SIRA SIRA TALUK 572 17 DISTRICT TUMAKURU …PETITIONER (BY SRI. NAIK RAMACHANDRA RAMA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SIRA POLICE, REP. BY SPP, HIGH COURT BUILDING AMBEDKAR VEEDI, BANGALORE - 01. 2. SMT. NAGAMMA W/O RAMU AGED ABOUT 36 YEARS R/AT SHIRADADU VILLAGE, KALLAMBELLA, SIRA TALUK, TUMAKUR DISTRICT - 572137 NOW RESIDING AT SHIVAJINAGAR, SIRA TOWN, SIRA TUMAKURU DISTRICT. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R1, SMT.VANITHA U.M, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5555 CRL.P No. 16504 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT THE REGULAR BAIL IN CR.NO.396/2025 (SPL.C.548/2025) REGISTERED BY THE SIRA POLICE, SIRA TALUK, TUMKUR DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT. 2012 (POCSO) AND SECTIONS 65(1) AND 351(2) BNS 2023, ON THE FILE OF ADDTIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 TUMAKURU. 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Special Case No.548/2025 (Crime No.396/2025 of Sira Police Station) registered for the offences punishable under Section 4 of Protection of Children from Sexual Offences Act, 2012 and Sections 65(1) and 351(2) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned Additional District and Sessions Judge, FTSC-1, Tumakuru. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent - 3 - HC-KAR NC: 2026:KHC:5555 CRL.P No. 16504 of 2025 No.1/State and the learned counsel for the respondent No.2. 3. The learned counsel for petitioner would contend that the statement of victim girl has been recorded by the police and also by the learned Magistrate under Section 183 of BNSS. The victim girl has also been medically examined, and the statements of the witnesses have been recorded. The petitioner is in judicial custody since 14.08.2025 and as a charge sheet is filed, he is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader would contend that the victim girl has specifically stated the acts of this petitioner, taking her to his house and forcibly having sexual intercourse on her. The victim girl has also given the same history before the doctor at the time of her examination. The charge sheet materials show a prima facie case against the petitioner for the - 4 - HC-KAR NC: 2026:KHC:5555 CRL.P No. 16504 of 2025 offence alleged against him. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend to twenty years. With this, he prayed to reject the petition. 5. The learned counsel for respondent No.2 would contend that the victim girl is aged 16 years, is studying in SSLC, and is required to appear for the examination during February and March, 2026. If the petitioner is granted bail, there is a threat to the victim girl. 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 case of the prosecution, as per the charge sheet, is that on 13.08.2025 at about 8.30 a.m., the petitioner called the victim girl to his house for lighting the gas, and she went there and the petitioner bolted his house, took her to bed room, and had sexual intercourse - 5 - HC-KAR NC: 2026:KHC:5555 CRL.P No. 16504 of 2025 after removing her school uniform, even in spite of her screaming, and the petitioner gave her life threat not to disclose the said incident. The victim girl is aged 16 years as on the date of alleged offence. The statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has specifically stated the acts of the petitioner having forcible sexual intercourse on her. The medical officer who examined the victim girl has recorded that her hymen was torn. The charge sheet materials show a prima case against the petitioner for the offence alleged against him. The offence alleged against him is provided with punishment which may extend to twenty years. If the petitioner is granted bail, there are chances of this petitioner threatening the victim girl and other prosecution witnesses. 8. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. - 6 - HC-KAR NC: 2026:KHC:5555 CRL.P No. 16504 of 2025 In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 20