- 1 - HC-KAR NC: 2026:KHC:12548 CRL.P No. 441 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.441 OF 2026 BETWEEN: SRI VENKATARAVANA M. V. @ GIRI S/O. VENKATAGIRIYAPPA AGED ABOUT 26 YEARS R/AT MISAGANAHALI VILLAGE SRINIVASAPURA TALUK KOLAR DISTRICT-563 101 …PETITIONER (BY SRI NARAYANASWAMY K. N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SRINIVASAPURA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU-560 001 2. SMT. PARVATHAMMA W/O. NARAYANASWAMY Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12548 CRL.P No. 441 of 2026 AGED ABOUT 42 YEARS R/AT KATHIBISANAHALLI VILLAGE SRINIVASAPURA TALUK KOLAR DISTRICT-563 101 …RESPONDENTS (BY SRI B. LAKSHMAN, H.C.G.P. FOR R-1; R-2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF THE CR.P.C. OF BNS 2023, IN CR.NO.283/2025 IN SRINIVASAPURA POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2) AND 64(2)(m) OF BNS 2023 AND UNDER SECTIONS 4 AND 6 OF POCSO ACT AND SECTIONS 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT PENDING ON THE FILE OF THE HON’BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC I (POCSO) AT KOLAR. THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:12548 CRL.P No. 441 of 2026 ORAL ORDER 1. The petitioner/accused is before this Court seeking for Regular Bail in Crime No.283/2025 for the offences punishable under Section 137(2) of Bharatiya Nyaya Sanhita, 2023 (for short BNS, 2023). Factual matrix of the case: 2. The case of the prosecution is that, the mother of the victim has filed the complaint stating that her daughter was found missing from 17.10.2025. On the basis of the said complaint the respondent – Police registered a missing complaint thereafter they started investigation. During the investigation, they have traced the victim and recorded the statement of the victim. As per the said statement, the petitioner and the victim were in love with each other. After completion of 18 years, she went along with the petitioner in a car and they were staying at Chikkaballapura. Thereafter, on 18.10.2025, they got married in Sri. Anjaneya Temple. After the marriage, they were staying for four days at Chikkaballapura in the house of friend of the petitioner. According to the statement of the victim physical - 4 - HC-KAR NC: 2026:KHC:12548 CRL.P No. 441 of 2026 relation/sexual assault had not taken place during their stay in the Chikkaballapura. As per the version of the victim, on 23.07.2025 she voluntarily consented for sexual assault. Consequenlty, she became pregnant and now she is carrying 04 months. Based on the said information, the respondent – Police have registered a case, conducted the investigation and submitted the charge-sheet. 3. Heard Sri. Narayanaswamy K.N., learned counsel for the petitioner and Sri. B. Lakshman, learned High Court Government Pleader for respondent No.1. 4. Learned counsel for the petitioner submits that the victim is aged about 18 years as on the date of the said incident. The POCSO Act does not attract against the petitioner as the victim had completed 18 years of age as on the date of the incident. Both were in love with each other and had consented for sexual intercourse. Therefore, the petitioner may be enlarged on bail by imposing the suitable conditions and he will abide by the conditions imposed by this Court in the event of release on bail. Making such submissions learned counsel for the petitioner prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:12548 CRL.P No. 441 of 2026 5. Per Contra, the learned High Court Government Pleader for respondent – State vehemently opposed the bail petition by submitting that the petitioner has induced minor girl and committed sexual assault on her. Consequently, she became pregnant and thereafter, it got terminated. In order to secure the confidence in the mind of the young, adolescent girls in the society, it is appropriate to reject the bail petition. Making such submission, learned High Court Government Pleader prays to dismiss the petition. 6. Heard learned counsel for the respective parties, perused the averments of the charge-sheet, it appears from the record that both the victim and the petitioner were loving each other. The statement of the victim recorded by the learned Magistrate has been made available along with the charge- sheet. On reading the said statement, I am of the considered opinion that the petitioner has made out a case to grant him bail. 7. Hence, I proceed to pass the following : ORDER i. This Criminal Petition is allowed. - 6 - HC-KAR NC: 2026:KHC:12548 CRL.P No. 441 of 2026 ii. The petitioner is enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall appear before the trial Court on all hearing dates, without fail. iv. The petitioner shall not tamper the prosecution witnesses. In case, if any of the conditions mentioned above is violated by the petitioner, liberty is reserved to the prosecution to take appropriate steps for cancellation of the bail. Sd/- (S RACHAIAH) JUDGE NM