- 1 - HC-KAR NC: 2026:KHC-D:486 CRL.P No. 105412 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105412 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SRI. RAKESH K. S/O ESHWARAPPA AGE. 19 YEARS, OCC. STUDENT 2ND YEARS ITI, R/O. KURUVALLI VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583121. …PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, ASSISTANT SUB-INSPECTOR OF POLICE, SIRUGUPPA POLICE STATION, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. SRI SANNA YALLAPPA S/O. LATE THIMMAPPA AGE. 47 YEARS, OCC. MESTRI WORK, R/O. AGASANURU VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583121. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 OF BNSS, PRAYING TO RELEASE THE PETITIONER ACCUSED NO.1 ON BAIL IN SPECIAL CASE NO. 1245/2025 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I BALLARI (CRIME NO. 190/2025 OF ASSISTANT SUB-INSPECTOR OF POLICE, SIRUGUPPA POLICE STATION DIST. BALLARI), FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SEC. 137 (2), 64 (2)(M) OF BNS AND SEC. 4(2), 5(1), 6 AND 8 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENSES ACT. 2012, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:486 CRL.P No. 105412 of 2025 THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Hanumanthareddy Sahukar, learned counsel for the petitioner and Sri. P. N. Hatti, learned High Court Government Pleader for respondent No.1-State. 2. Respondent No.2 served with the notice and remained absent. 3. Petitioner is the accused who is facing charges under Sections 137(2) and 64(2)(m) of Bharatiya Nyaya Sanhita, 20231 and Sections 4(2), 5(L), 6 and 8 of the Protection of Children from Sexual Offences Act, 20122 which is pending in Special Case No.1245/2025 on the file of Additional District and Sessions Judge, FTSC-I, Ballari3. 4. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 1 For short, ‘BNS, 2023’ 2 For short, ‘POCSO’ 3 For short, ‘Trial Court’ - 3 - HC-KAR NC: 2026:KHC-D:486 CRL.P No. 105412 of 2025 4.1. A complaint came to be lodged by respondent No.2 with Siruguppa Police Station, contending that his daughter is missing from the house on and from 23.07.2025. 5. Based on the complaint, police registered a case in Crime No.190/2025 initially for the offence under Section 137(2) of BNS, 2023 on 26.07.2025 and conducted the investigation. 6. On credible information, the victim girl was traced on 07.08.2025 at Nellore in a house. On 08.08.2025 accused was arrested near bricks factory at Itagihal Village and later on brought to the Siruguppa Police Station and enquired. 7. On enquiry, the victim girl and accused revealed about the incident wherein the accused and victim girl had sexual intercourse in the house at Nellore. Material on record would also indicate that there is a forcible sexual intercourse by accused with the victim girl. Based on the - 4 - HC-KAR NC: 2026:KHC-D:486 CRL.P No. 105412 of 2025 other material collected, charge sheet came to be filed by the police for the aforesaid offences. 8. The attempt made by the petitioner seeking grant of bail is turned down by the learned Special Judge and thereafter, the petitioner is before this Court. 9. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the victim girl is aged almost 17 years and the case is one of a love affair and consensual sex and therefore, continuation of the accused in judicial custody is no longer warranted especially charge sheet has been filed. 10. Learned counsel for the petitioner would also emphasize that the victim girl is ITI student and therefore, having the practical knowledge as to what act she was indulged into and therefore sought for allowing of the petition. 11. Per contra, learned High Court Government Pleader for respondent No.1-State opposed the bail on the ground that admittedly the victim girl was under the age of - 5 - HC-KAR NC: 2026:KHC-D:486 CRL.P No. 105412 of 2025 17 years as on the date of incident having been subjected to forcible sexual intercourse which is in the nature of aggravated penetrative sexual assault prima facie indicating the commission of the offence under Section 6 of the POCSO Act. 12. He would also contend that there cannot be any consent of a minor which is not a legal consent. Hence, sought for rejection of the bail. 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. 14. On such perusal of the material on record, it is crystal clear that as on the date of incident, victim was a minor and as such, she is to be treated as a child within the definition of POCSO Act. 15. As such, a consent by a minor is not a consent in the eye of law. Therefore, the argument put forth on behalf of the petitioner cannot be countenanced in law, at least at this stage following the dictum of the Hon'ble Apex Court in - 6 - HC-KAR NC: 2026:KHC-D:486 CRL.P No. 105412 of 2025 the case of Independent Thought Vs. Union of India and Another4. 16. Therefore, at least till the examination of the victim girl and the complainant before the Trial Court, bail request of the petitioner cannot be entertained as prima facie material would make it clear that there was a penetrative sexual assault forcible in nature committed by the petitioner/accused on the victim girl in a house at Nellore. 17. Accordingly, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 1 SL NO.: 26 4 (2017) 10 SCC 800