- 1 - HC-KAR NC: 2026:KHC:23706 CRL.P No. 861 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 861 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SATHISHA S/O. CHANDRASHETTY, AGED ABOUT 35 YEARS, R/AT SURAKODU VILLAGE, AREHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 201. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY AREHALLI POLICE STATION, HASSAN DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE – 560 001. 2. MANJULA W/O. SHIVAKUMARA, AGED ABOUT 37 YEAR, R/AT RAJEEVAGANDHI NAGAR, TUMKUR - 572 102. …RESPONDENTS (BY SMT. ANITHA GIRISH N., HCGP FOR R1 R2 IS SERVED AND UNREPRESENTED) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23706 CRL.P No. 861 of 2026 THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.84/2025 (SPL.C.NO.469/2025) OF AREHALLI POLICE STATION, HASSAN DISTRICT, FOR OFFENCE PUNISHABLE UNDER SECTION 64(2)(i), 64(2)(m), 351(3) OF BNS AND SECTION.6 OF POCSO ACT, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I, HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner/accused is before this Court seeking regular bail in Crime No.84/2025 of respondent-Police for the offence under Sections 64(2)(i), 64(2)(m), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences, 2012. Brief facts of the case: 2. The case of the prosecution is that the mother of the victim Smt.Manjula lodged a complaint stating that she has two daughters. First daughter is the victim and second daughter was studying in 9th Standard. It is further stated that - 3 - HC-KAR NC: 2026:KHC:23706 CRL.P No. 861 of 2026 she was not living along with her husband due to some difference of opinion. She was working in the garments and living on her earnings. The victim had discontinued her studies and she was staying along with her grandmother. The complainant has received a message stating that the victim was suffering from stomach pain. After receiving the information she went to Surakodu Village and she took the victim on 23.09.2025 to Government Hospital at Arehalli, where she was directed to get the scanning done to her daughter. Later, the complainant took her daughter to Hassan on 25.09.2025. The Doctor examined the victim and declared that she was 5½ months pregnant. Thereafter, the complainant received information from the victim that the petitioner is responsible for the said pregnancy. Hence, the complaint. 3. Based on the said complaint, the respondent-police registered a case in Cr.No.84/2025 against the petitioner and conducted investigation. After conducting the investigation, the charge sheet was submitted. - 4 - HC-KAR NC: 2026:KHC:23706 CRL.P No. 861 of 2026 4. Heard Sri.Lethif B., learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for respondent-State. 5. It is the submission of learned counsel for the petitioner that the prosecution has not collected the genuine documents to substantiate her age. In fact, the victim was aged about 17 years 11 months as on the date of alleged incident. In fact, the petition has been misled about the age of the victim. The victim and petitioner were loving each other. She had consented for the sexual activities. Subsequently, due to difference of opinion between the victim and the petitioner and also on the instructions of unknown person, the complainant came to be filed after a lapse of 05 months from the date of the incident. The petitioner is a earning member of the family and he is aged about 35 years and permanent resident of Surakodu Village, Belur Taluk. He will abide by the conditions to be imposed by this Court in the event of his release on regular bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:23706 CRL.P No. 861 of 2026 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the petitioner has committed heinous offence against minor girl. She became pregnant and she got her pregnancy terminated at the instance of the petitioner. The Investigating Officer has collected all the relevant documents and filed a charge sheet. The victim has stated in her statement made under Section 183 of BNSS and supported that she had been subjected to sexual assault. Such being the fact, the petitioner is not entitled for any relief as prayed for. Making such submissions, learned HCGP prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge sheet and also the statement of the victim made before the learned Magistrate, it appears that the victim and the petitioner are living in the same village and he is the relative of the victim. It appears that the petitioner has committed sexual assault on the victim. However, the age of the victim has not been established properly by producing the relevant documents to substantiate it. Considering the said aspect and also considering that the - 6 - HC-KAR NC: 2026:KHC:23706 CRL.P No. 861 of 2026 victim was aged about 17 years and 11 months as on the date of alleged incident, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.84/2025 of respondent-Police for the offence under Sections 64(2)(i), 64(2)(m), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences, 2012, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2026:KHC:23706 CRL.P No. 861 of 2026 (v) The petitioner shall not indulge in any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 5