- 1 - HC-KAR NC: 2026:KHC:5766 CRL.P No. 16795 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16795 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SHANTHA KUMAR @ P. SHANTHAKUMARA S/O PARAMESHWARAPPA @ PARAMESHA AGED ABOUT 27 YEARS COOLIE R/O BHOVI COLONY MALALI VILLAGE HIREGUNTANURU HOBLI CHITRADURGA TQ AND DIST., PIN-577 515 …PETITIONER (BY SRI. NAVEEN H.M, ADVOCATE) AND: 1. STATE OF KARNATAKA CHITRAHALLI GATE POLICE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU-560 001 2. SMT. LAKSHMAMMA W/O LATE ERAPPA AGED ABOUT 37 YEARS HOUSEWIFE R/O MALALI VILLAGE HIREGUNTANURU HOBLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5766 CRL.P No. 16795 of 2025 CHITRADURGA TQ AND DIST., PIN-577 515 …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1 R2 – SERVED AND UNREPSENTED) THIS CRL.P IS FILED UNDER SECTION 439 of CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.194/2024 OF RESPONDENT CHITRAHALLI GATE POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2),64(M) OF BNS ACT, UNDER SECTION 6 OF POCSO ACT, UNDER SECTION 9 OF CHILD MARRIAGE ACT, 75 OF J.J ACT AND ALSO SPL.C (P) NO.52/2025 PENDING BEFORE 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 1. This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No. 194/2024 of Chitrahalli Gate Police Station registered for offence under Sections 137(2), 64(M) of BNS, Section 6 of POCSO Act and Section 9 of Prohibition of Child Marriage - 3 - HC-KAR NC: 2026:KHC:5766 CRL.P No. 16795 of 2025 Act and Section 75 of JJ Act pending in Spl.C. No. 52/ 2025 on the file of Special II Additional District and Sessions Judge, Chitradurga. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. In spite of service of notice, respondent No. 2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that statement of the victim girl indicate that she had love affair with the petitioner and she had not alleged any sexual intercourse on her by this petitioner. Victim girl is aged more than 16 years as on the date of offence and she is of the age of understanding the consequences of her acts. As chargesheet is filed, petitioner is not required for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that petitioner, inspite of knowing that victim girl is aged about 16 years, had kidnapped her, married her in Dharmastala - 4 - HC-KAR NC: 2026:KHC:5766 CRL.P No. 16795 of 2025 and had sexual intercourse on her in the house of his relative. Chargesheet material show prima facie case against the petitioner for offence alleged against him. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties, the Court has perused the chargesheet and other materials placed on record. 6. As per chargesheet, the accusation against the petitioner is that he kidnapped the victim girl in bus, took her to Dhanmastala, married her, thereafter took her to the house of his relative, stayed there for one week and had sexual intercourse with her. Statement of the victim girl has been recorded under Section 183 of BNSS wherein she has specifically stated that she is having love affair with the petitioner. Victim girl has not made any allegation of sexual intercourse by the petitioner on her in the said statement. Victim girl, in the history before the Doctor, has stated that she is knowing the petitioner since 7 years. Victim girl is aged more than 16 years and she is of the - 5 - HC-KAR NC: 2026:KHC:5766 CRL.P No. 16795 of 2025 age of understanding consequences of her acts. Petitioner is in judicial custody since 12.08.2025 and as chargesheet is filed he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, petitioner has made out case for grant of bail with conditions. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in Spl.C. No. 52/ 2025 (Crime No. 194/2024 of Chitrahalli Gate Police Station) pending on the file of Special II 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. - 6 - HC-KAR NC: 2026:KHC:5766 CRL.P No. 16795 of 2025 III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 17