- 1 - HC-KAR NC: 2026:KHC:5089 CRL.P No. 17690 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17690 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: SRI. THIPPESHA R. S/O RAMANNA, AGED ABOUT 24 YEARS, R/AT: CHIKKERAHALLI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 535. …PETITIONER (BY SRI. K.B.K. SWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH RAMPURA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. UMADEVI W/O HULESHA, AGED ABOUT 34 YEARS R/AT: CHIKKERAHALLI VILLAGE, MOLAKALMURU TALUK, CHITRADURGA DISTRICT - 577 535. …RESPONDENTS (BY SRI HARISH GANAPATHY, HCGP FOR R1; R2 - SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO GRANT REGULAR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5089 CRL.P No. 17690 of 2025 BAIL IN SPL.C NO.54/2025 IN CONNECTION WITH CRIME NO.06/2025, REGISTERED BY THE RAMPURA POLICE STATION, CHITRADURGA DISTRICT FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(m) AND 65(1) OF THE BHARATIYA NYAYA SANHITA, 2023 AND UNDER SECTIONS 4 AND 6 OF THE POCSO ACT, 2012 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE 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 This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C.No.54/2025 (Crime No.6/2025 of Rampura Police Station, Chitradurga) pending on the file of II Additional District and Sessions Judge, Chitradurga, registered for offences punishable under Sections 137(2), 64(2)(m) and 65(1) of Bharatiya Nyaya Sanhita, 2023 and under Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - 3 - HC-KAR NC: 2026:KHC:5089 CRL.P No. 17690 of 2025 No.1 - State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that, there was love affair between the petitioner and the victim girl. The fact that the victim girl went on the bike of the petitioner itself indicates that she voluntarily went along with him. The victim girl in her statement recorded under Section 183 of BNSS has stated that she is having love affair with the petitioner and so also in the history given before the doctor at the time of examination. The victim girl has already been examined and therefore, there is no question of any threat to the victim girl. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed 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 fifteen (15) years. The consent of - 4 - HC-KAR NC: 2026:KHC:5089 CRL.P No. 17690 of 2025 the victim girl is not consent for offences under the POCSO Act. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that, the petitioner took the victim girl on his motorcycle and stayed with her in the house of C.W.20 and C.W.21 on 20.01.2025, in the house of C.W.16 and C.W.17 from 21.01.2025 for five (5) days and had a sexual intercourse. The petitioner again took her to the house of C.W.18 and C.W.19 on 26.01.2025 and had sexual intercourse on her. The victim girl is aged fifteen (15) years as on the date of alleged offence and she was studying in X Std. The victim girl in her statement recorded under Section 183 of BNSS - 5 - HC-KAR NC: 2026:KHC:5089 CRL.P No. 17690 of 2025 has stated that she is having love affair with the petitioner. The victim girl has also stated in the history before the doctor that she used to like the petitioner since one year. The victim girl is of the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The victim girl and the complainant have already been examined. In the cross-examination, the victim girl has stated that she had love affair with the petitioner. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Spl.C.No.54/2025 (Crime No.6/2025 of Rampura Police Station, Chitradurga) pending on the file - 6 - HC-KAR NC: 2026:KHC:5089 CRL.P No. 17690 of 2025 of II Additional District and Sessions Judge, Chitradurga, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 20