- 1 - HC-KAR NC: 2026:KHC:2394 CRL.P No. 17516 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17516 OF 2025 (439(Cr.PC) / 483(BNSS)-) BETWEEN: 1. SRI NAGESH S/O NARAYANSWAMY AGED ABOUT 24 YEARS, R/AT AMBEDKAR NAGARA, GUDIBANDE TOWN, GUDIBANDE TALUK CHIKKABALLAPURA - 561209 …PETITIONER (BY SRI. RAGHAVENDRA A V, ADVOCATE) AND: 1. STATE OF KARNATAKA GUDIBANDE POLICE STATION, CHIKKABALLAPURA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 009. 2. VICTIM GIRL D/O RAMACHANDRA, AGE ABOUT 14 YEARS, (SINCE MINOR) REP. BY HER MOTHER, SMT. MAMATHA W/O RAMACHANDRA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2394 CRL.P No. 17516 of 2025 AGE ABOUT 32 YEARS R/AT AMBEDKAR NAGARA, GUDIBANDE TOWN, GUDIBANDE TALUK CHICKABALLAPURA – 561209 …RESPONDENTS (BY SRI.RAHUL RAI, HCGP FOR R1 SRI. B.BHARATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE/RELEASE THE PETITIONER ON BAIL IN CR.NO.81/2024 AND SPL.SC.NO.121/2024 OF RESPONDENT GUDIBANDE P.S. CHIKKABALLAPURA, FOR THE ALLEGED OFFENCE P/U/S. 363, 344, 376(2)(i)(n) OF IPC AND SEC. 5(j)(ii), 6 AND 7 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES AT, 2012 PENDING ON THE FILE OF THE ADDL. SESSIONS JUDGE, FAST TRACK SPL.COURT-I (POCSO), CHIKKABALLAPURA. THIS PETITION, COMING ON FOR FINAL HEARING, 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 S.C.No.121/2024 under Sections 363, 344, 376(2)(i)(n) of IPC and Sections 5(j)(ii), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 pending on the - 3 - HC-KAR NC: 2026:KHC:2394 CRL.P No. 17516 of 2025 file of Additional Sessions Judge, Fast Track Special Court- I (POCSO), Chikkaballapura. 2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for respondent No.2 submits that respondent No.2 is the victim girl and her mother have no objections for grant of bail. He further submits that respondent No.2 -victim girl and her mother along with the child of the victim are present before the Court. He further submits that the petitioner is the maternal uncle of the victim and marriage of the victim girl will be performed with the petitioner after she attains the age of majority. 4. Learned counsel for the petitioner would contend that there was love affair between petitioner and the victim girl and they were married and residing together and due to which the victim girl became pregnant and gave birth to a female child. The petitioner admitted that the child born to the victim is the child of the petitioner. - 4 - HC-KAR NC: 2026:KHC:2394 CRL.P No. 17516 of 2025 The petitioner is ready to marry the victim girl after she attains the age of majority. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 25.05.2024 and there are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent No.1 -State would contend that the offence alleged against the petitioner is heinous offence punishable with imprisonment which may extend upto 20 years. The charge sheet materials show prima facie case against the petitioner. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. With this, he prayed to reject the petition. 6. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 7. As per charge sheet, the case of the prosecution is that the petitioner in the guise of loving the victim girl, - 5 - HC-KAR NC: 2026:KHC:2394 CRL.P No. 17516 of 2025 took her and secured her to his house and had forceable sexual intercourse and kept her in his house and led life due to which she became pregnant. The statement of the victim girl has been recorded under Section 164 of Cr.P.C, wherein she has stated that she is aged 18 years and she has married the petitioner and led her marital life and she became pregnant and when she went to Government Hospital, Gudibande for getting mother card, at that time the Asha worker stated that she is below 18 years and complaint has to be filed and they will see that her husband will be released. There is no any allegation against the petitioner in the said statement of the victim. The victim is stated to be the relative of the petitioner. Now respondent No.2 -victim girl and her mother submitted no objections for grant of bail to the petitioner. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: - 6 - HC-KAR NC: 2026:KHC:2394 CRL.P No. 17516 of 2025 ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special S.C.No.121/2024 (Cr.No.81/2024 of Gudibande Police Station) pending on the file of Additional Sessions Judge, Fast Track Special Court-I (POCSO), Chikkaballapura, subject to following conditions: a) The petitioner shall execute a personal bond for sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The 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.: 31