- 1 - HC-KAR NC: 2026:KHC:6044 CRL.P No. 17067 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17067 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. MANIKANTA S/O SURESH AGE ABOUT 21 YEARS R/AT HALEMUTTAGI VILLAGE SHIKARIPUR TALUKA SHIVAMOGGA …PETITIONER (BY SRI. ANANDEESWARA D.R, ADVOCATE) AND: 1. THE STATE BY SHIRALAKOPPA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 002 2. SMT. SUMITRAMMA W/O HANUMANTHAPPA AGE ABOUT 38 YEARS R/A SHIDDIHALLI VILLAGE SIKARIPUR TALUK SHIVAMOGGA DISTRICT-577 433 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6044 CRL.P No. 17067 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.306/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 87,64(2)(f),127(3) OF BNS 2023 AND SEC.4 OF THE POCSO ACT WHICH IS PENDING BEFORE THE HON’BLE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-1 (POCSO) SHIVAMOGGA IN CR.NO.219/2025 OF SHIRALAKOPPA P.S. 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.306/2025 (Crime No.219/2025 of Shiralakoppa Police Station) pending on the file of Additional District and Sessions Judge, FTSC-1 (POCSO), Shivamogga, registered for offences under Sections 87, 64(2)(f), 127(3) of BNS and Section 4 of POCSO Act. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. - 3 - HC-KAR NC: 2026:KHC:6044 CRL.P No. 17067 of 2025 3. Learned counsel for petitioner would contend that the petitioner and the victim girl were in love affair since last one year. The petitioner is a distant relative of the victim. The victim is aged about 17 years and she knows the consequences of her acts. The victim girl voluntarily went with the petitioner to his house. The FSL report is negative. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has specifically stated the acts of this petitioner having sexual intercourse with her. The Doctor who examined the victim girl has given final opinion that there are no signs suggestive of recent sexual intercourse and there are signs suggestive of vaginal penetration. The incident has taken place on 16.08.2025 and the victim has been examined on - 4 - HC-KAR NC: 2026:KHC:6044 CRL.P No. 17067 of 2025 22.08.2025. The charge sheet material show prima-facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the allegation against the petitioner is that he is a distant relative of the victim girl and he got introduced to her by sending a friend request to Instagram and thereafter they were talking over phone. The petitioner was insisting the victim girl to love him. On 15.08.2025, the petitioner asked the victim girl to come to Shiralkoppa and she came there and he took her to his house and at about 11.30 p.m. he had sexual intercourse with her and kept her in his house till 17.08.2025. The statement of the victim girl has been recorded under Section 183 of BNSS. The victim girl in the history at the time of examination by the Doctor has stated that she and - 5 - HC-KAR NC: 2026:KHC:6044 CRL.P No. 17067 of 2025 petitioner/accused are known to each other and since one year they used to like each other. The said aspect itself indicates that the petitioner and the victim girl were having love affair. The victim girl is aged about 17 years and she is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 20.08.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There is no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, in following: ORDER Petition is allowed. Petitioner is granted bail in Spl.C.No.306/2025 (Crime No.219/2025 of Shiralakoppa Police Station) pending on the file of Additional District and Sessions Judge, FTSC-1 (POCSO), Shivamogga, subject to following conditions: - 6 - HC-KAR NC: 2026:KHC:6044 CRL.P No. 17067 of 2025 (i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum 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 co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 12