- 1 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2489 OF 2025 (U/S 14(A) (2)) BETWEEN: HUSMAN S/O SHABBIR, AGED ABOUT 23 YEARS, OCC: WELDER, R/O ANJANEYA BADAVANE, RAILWAY STATION AREA, CHITRADURGA - 577 501 (NOW IN JUDICIAL CUSTODY) …APPELLANT (BY SRI. P.B.UMESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHITRADURGA WOMEN POLICE STATION, CHITRADURGA EXTENSION CIRCLE, CHITRADURGA - 577 501. (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU-560 001) 2. VEENA B.T. W/O TIPPESWAMY AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O RAILWAY EXTENSION, NEAR ANJANEYA TEMPLE, CHITRADURGA TOWN, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 CHITRADURGA - 577 502. …RESPONDENTS (BY SRI. M. DIVAKAR MADDUR, HCGP FOR R1; R2 – SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, PRAYING TO SET-ASIDE THE ORDER DATED 10-03-2025 IN SPL.C.(POCSO) NO.16/2025 PASSED BY THE SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA (CHARGE-SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64 BNS-2023, (CORRESPONDING PROVISIONS SECTION 363, 376(1)IPC) AND SECTION 4 POCSO ACT 2012 AND SECTION 3(2)(V) OF SC/ST (POA) AMENDMENT BILL 2014 IN CRIME NO.132/2024 OF CHITRADURGA WOMEN POLICE STATION) CONSEQUENTLY ENLARGE THE APPELLANT ON BAIL PENDING THE TRIAL IN THE INTERESTS OF JUSTICE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the impugned order passed by the Special II Addl. District and Sessions Judge, Chitradurga in Spl.C.(POCSO)No.16/2025, dated 10.03.2025. 2. The brief facts leading to this appeal is that on the basis of the complaint filed by Veena B T, the - 3 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 Chitradurga Women Police have registered the case in Crime No.132/2024 against unknown accused for the commission of offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 ('the BNS' for short). During the course of investigation, the Investigating Officer has recorded the statement of the victim and other witnesses and after completion of investigation, Investigating Officer has submitted the charge sheet against the accused for offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act' for short) and Section 137(2) and Section 64 of BNS. The appellant had filed an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('the BNSS' for short) for regular bail, same came to be rejected. Being aggrieved by this order, the appellant has preferred this appeal. 3. The learned counsel for the appellant has submitted that as on the date of commission of offence, the victim was not a child, she has already attained - 4 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 majority. The prosecution has not produced birth certificate of the victim or ossification test certificate as required under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 4. The learned counsel for the appellant has submitted that the appellant has not committed any offence as alleged by the prosecution. The Investigating Officer has not produced the birth certificate of the victim. However, the age of the victim is shown as 17 years. The ossification test certificate is also not produced to prove that the victim was child as defined under Section 2(d) of the POCSO Act, that there is a delay in filing the complaint, same is not explained by the prosecution. There are no reasonable grounds to believe that the appellant has committed an offence punishable with a death or imprisonment for life. The appellant has been falsely implicated by the complainant and other interested persons, who are inimically disposed of towards the appellant by concocting alleged incident. There was no - 5 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 motive or intention on the part of the appellant to commit offence. The entire charge sheet materials do not disclose the prima facie materials to attract the ingredients of alleged offence against the appellant. There are no prima facie materials to constitute the alleged commission of offence. The statement under Section 183 of BNSS does not reflect any allegation against the appellant. There is no medical evidence to support the case of prosecution and appellant is already in judicial custody from the date of his arrest that is on 03.12.2024. The appellant is ready to abide the conditions, which may be imposed by this Court and victim is already examined by the prosecution. Hence, the question of tampering or threatening the witnesses does not arise. On all these grounds, sought to allow this appeal. 5. I have examined the materials placed before this Court. On the basis of the complaint filed by Veena B T, Chitradurga Women Police have registered the case in Crime No.132/2024 against the unknown accused for the - 6 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 commission of offence under Section 137(2) of BNS and submitted the FIR to the Court. After lapse of 4 days, the accused was arrested by the Investigating Officer and only after investigation, Investigating Officer has submitted the charge sheet against the accused for the offence under Section 4 of the POCSO Act and Section 137(2) and Section 64 of BNS. In the charge sheet, it is alleged as under: “avÀæzÀÄUÀð £ÀUÀgÀzÀ DAd£ÉÃAiÀĸÁé«Ä zÉêÀ¸ÁÜ£ÀzÀ §½ ªÁ¸À«gÀĪÀ £ÁAiÀÄPÀ d£ÁAUÀPÉÌ ¸ÉÃjzÀ C¥Áæ¥ÉÛ ¨Á®QAiÀiÁzÀ ¸ÁQë-2 gÀªÀgÀ£ÀÄß F zÉÆõÁgÉÆÃ¥ÀuÉ ¥ÀnÖAiÀÄ PÀæªÀÄ ¸ÀASÉå 12 gÀ°è £ÀªÀÄÆ¢¹gÀĪÀ ªÀÄĹèA d£ÁAUÀPÉÌ ¸ÉÃjzÀ D¥Á¢vÀ£ÀÄ ¢£ÁAPÀ 29.11.2024 gÀAzÀÄ ªÀÄzsÁåºÀß 2-30 UÀAmÉ ¸ÀªÀÄAiÀÄzÀ°è avÀæzÀÄUÀð £ÀUÀgÀzÀ ªÀĺÁ«Ãgï £ÀUÀgÀzÀ°è ¥ÁPï𠧽 PÀgɬĹPÉÆAqÀÄ CªÀ¼À£ÀÄß ¥ÀĸÀ¯Á¬Ä¹ §®ªÀAvÀªÁV vÀ£ÉÆßA¢UÉ ¸ÁQë-17 gÀªÀgÀ ¨Á§ÄÛ KA- 16-EW-1008 £Éà ¸ÀÆÌnAiÀÄ°è PÀÆj¹PÉÆAqÀÄ »jAiÀÄÆjUÉ PÀgÉzÀÄPÉÆAqÀÄ ºÉÆÃV D¢£À C°èAiÉÄà ¸ÀÄvÀÛªÀÄÄvÀÛ wgÀÄUÁr gÀ¸ÉÛAiÀÄ §½ JUï gÉʸï CAUÀr §½ ªÀÄ®VzÀÄÝ, ªÀiÁgÀ£ÉAiÀÄ ¢£À ¢£ÁAPÀ 30.11.2024 gÀAzÀÄ ¸ÁQë-2 gÀªÀgÀ ¨Á§ÄÛ Q«AiÉÆïÉAiÀÄ£ÀÄß ²æà «ÃgÀ¨sÀzÉæñÀégÀ dÆåAiÀÄ®j ªÀPÀìð £À°è gÀÆ.5,850/- UÀ½UÉ ªÀiÁgÁl ªÀiÁr ºÀt ¥Àr¢gÀÄvÁÛ£É. £ÀAvÀgÀ CzÉà ¸ÀÆÌnAiÀÄ°è zÁªÀtUÉgÉ f¯Éè ºÀjºÀgÀ £ÀUÀgÀzÀ J£ï.ºÉZï-48 ¨ÉÊ¥Á¸ï gÀ¸ÉÛ ªÀįɨɣÀÆßgÀÄ PÁæ¸ï £À ¸À«ð¸ï gÀ¸ÉÛAiÀÄ°è ¸ÀƼÉPÉgÉ ºÀ¼ÀîzÀ ©æqïÓ §½ PÀgÉzÀÄPÉÆAqÀÄ ºÉÆÃV ¸ÁQë-2 gÀªÀgÀ ¥ÀæwgÉÆÃzsÀ«zÀÝgÀÆ ¸ÀºÀ §®ªÀAvÀªÁV CvÁåZÁgÀªÉ¸ÀVgÀÄvÁÛ£É. £ÀAvÀgÀ ¥ÀÄ£ÀB ¸ÀÆÌnAiÀÄ°è ºÁªÉÃj f¯Éè »gÉÃPÉgÀÆgÀÄ vÁ®ÆèPÀÄ D®zÀUÉÃj UÁæªÀÄzÀ°ègÀĪÀ - 7 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 ºÀdgÀvï ¸ÉÊAiÀÄzï d¯Á¯ï ¨sÀgÀ¥ÀÆgï D°µÁ ±ÁªÀ° zÀUÁðPÉÌ PÀgÉzÀÄPÉÆAqÀÄ C°èAiÉÄà ¢£ÁAPÀ 02.12.2024 gÀªÀjUÉ G½zÀÄPÉÆArgÀÄvÁÛgÉ. ¸ÁQë-1 gÀªÀgÀÄ zÀÆgÀÄ ¤ÃrzÀ «ZÁgÀªÀ£ÀÄß w½zÀÄPÉÆAqÀÄ D¥Á¢vÀ ªÀÄvÀÄÛ ¸ÁQë-2 gÀªÀgÀÄ CzÉà ¸ÀÆÌnAiÀÄ°è avÀæzÀÄUÀðPÉÌ ªÁ¥À¸ÀÄì §AzÀÄ PÉÆÃmÉ oÁuÉUÉ ºÉÆÃVgÀÄvÁÛgÉ. D¥Á¢vÀ£ÀÄ ¸ÁQë-2 gÀªÀgÀÄ C¥Áæ¥ÉÛ CAvÀ w½¢zÀÝgÀÆ ¸ÀºÀ §®ªÀAvÀªÁV PÀgÉzÀÄPÉÆAqÀÄ ºÉÆÃV CvÁåZÁgÀªÉ¸ÀVgÀÄvÁÛ£É CAvÀ vÀ¤SɬÄAzÀ zÀÈqsÀ¥ÀlÖ ªÉÄÃgÉUÉ D¥Á¢vÀ£À «gÀÄzÀÝ PÀ®A.137(2), 64 ©,J£ï.J¸ï. PÁAiÉÄÝ ªÀÄvÀÄÛ PÀ®A: 4, POCSO ACT- 2012, ªÀÄvÀÄÛ PÀ®A.3,(2)(5), SC/ST PA ACT-1989 jÃvÁå zÉÆõÁgÉÆÃ¥ÀuÉ”. 6. Investigating Officer has not produced the birth certificate or ossification test certificate as required under Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015. Investigating Officer has produced only school certificate. The age of the victim girl was more than 17 years. The accused is not required for any investigation and it is also not in dispute that the statement of victim is already recorded by the Trial Court. Considering the facts and circumstances of the case and nature and gravity of offence and the accusation made against the accused, at this stage, it is just and proper to allow this appeal. Accordingly, I proceed to pass the following order: - 8 - HC-KAR NC: 2026:KHC:1653 CRL.A No. 2489 of 2025 ORDER (i) Appeal is allowed. (ii) The order passed by the Special II Addl. District and Sessions Judge, Chitradurga in Spl.C.(POCSO)No.16/2025, dated 10.03.2025 is set aside. Consequently, application filed under Section 483 of BNSS is allowed. (iii) The appellant shall be released on bail on executing a self-bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the Trial Court. (iv) The appellant shall not tamper or threaten the prosecution witnesses. (v) The appellant shall appear before the Trial Court on all the dates of hearing. (vi) Registry is directed to send a copy of this order to the Trial Court. Sd/- (G BASAVARAJA) JUDGE GSR,List No.: 1 Sl No.: 27