- 1 - HC-KAR NC: 2026:KHC:6000 CRL.P No. 17020 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. 17020 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. BASAVARAJA S/O YANKAPPA AGED ABOUT 25 YEARS RESIDENT OF ENNEKOPPA VILLAGE SORABA TALUK SHIVAMOGGA DISTRICT-577 429 …PETITIONER (BY SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE) AND: 1. STATE BY SHIRALKOPPA POLICE STATION SHIKARIPUR TALUK SHIVAMOGGA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALORE-560 001 2. VICTIM D/O GOVINDAPPA AGED ABOUT 17 YEARS, SINCE MINOR R/BY HER FATHER GOVINDAPPA RESIDENT OF KOLAGI TANDA VILLAGE SHIKARIPURA TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6000 CRL.P No. 17020 of 2025 SHIVAMOGGA DISTRICT-577 433 …RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1; R2- SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S.483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER SPECIAL CASE NO.300/2025 ARISING OUT OF CRIME NO.218/2025 REGISTERED BY THE RESPONDENT NO.1 POLICE THAT IS SHIRALKOPPA P.S., SHIVAMOGGA DISTRICT, AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 87,64(2)(m),351(2),127(2),54 OF BNS 2023 AND SEC.6 OF POCSO ACT PENDING BEFORE THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I, SHIVAMOGGA. 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 accused No.1 under Section 483 of BNSS praying to grant bail in Special Case No.300/2025 arising out of Crime No.218/2025 of Shiralakoppa Police Station pending on the file of Additional District and Sessions Judge, FTSC -I, Shivamogga registered for offences under Sections 87, 64(2)(m), 351(2), 127(2), 54 of BNS and Section 06 of Protection of Children from Sexual Offences Act, 2012. - 3 - HC-KAR NC: 2026:KHC:6000 CRL.P No. 17020 of 2025 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 –State. In spite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for the petitioner would contend that the victim girl is aged 17 years 10 months as on the date of offence. There was affair between petitioner and the victim girl. The victim girl has voluntarily went with the petitioner. The victim girl in her statement recorded under Section 183 of BNSS has stated that she went with the petitioner and had physical contact with him. The victim in the hospital before the doctor at the time of her examination has stated she and petitioner are liking each other and sexual intercourse is on her will. The doctor who examined the victim, he has opined that there is no signs suggestive of recent sexual intercourse. The charge sheet has been filed and therefore, the petitioner is not required for custodial interrogation. There are no - 4 - HC-KAR NC: 2026:KHC:6000 CRL.P No. 17020 of 2025 criminal antecedents of the petitioner. With this, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent No.1 –State would contend that the victim girl is aged 17 years 10 months and her consent is not considered in law. The petitioner had sexual intercourse with the victim girl 02 times. The charge materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that the petitioner and the victim girl came in contact with each other and they exchanged phone numbers and were talking to each other. The victim girl went along with the petitioner to Jog Falls and stayed in the house of accused No.2, where petitioner has had - 5 - HC-KAR NC: 2026:KHC:6000 CRL.P No. 17020 of 2025 sexual intercourse on the victim girl. Victim girl is aged 17 years 10 months. The victim girl in the history before the doctor has stated that she and petitioner are liking each other and intercourse is on her will. The said fact indicates that the petitioner and victim girl were having love affair. The victim girl is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 18.08.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspect, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special Case No.300/2025 arising out of Crime No.218/2025 of Shiralakoppa Police Station pending on the - 6 - HC-KAR NC: 2026:KHC:6000 CRL.P No. 17020 of 2025 file of Additional District and Sessions Judge, FTSC -I, Shivamogga registered for offences under Sections 87, 64(2)(m), 351(2), 127(2), 54 of BNS and Section 06 of Protection of Children from Sexual Offences Act, 2012 subject to following conditions: a) The petitioner -accused No.1 shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner -accused No.1 shall not threaten the prosecution witnesses either directly or indirectly. c) The petitioner -accused No.1 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 DSP List No.: 1 Sl No.: 7