IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11732 OF 2025 BETWEEN:

1. SRI NAGENDRA K S S/O SHIVAPPA, AGED ABOUT 22 YEARS, R/AT KORENAHALLI VILLAGE, GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT - 561 209 …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY GUDIBANDE POLICE STATION, Digitally signed by CHIKKABALLAPUR, LAKSHMINAR AYANA MURTHY RAJASHRI REPRESENTED BY Location: HIGH STATE PUBLIC PROSECUTOR, COURT OF KARNATAKA HIGH COURT OF KARNATAKA, BENGALURU - 560 001

2. SRI. THIMMAPPA S/O NARASIMHAIAH AGED ABOUT 41 YEARS, R/AT AMBEDKAR NAGARA, GUDIBANDE TOWN AND TALUK CHIKKABALLAPURA DISTRICT - 561 209 …RESPONDENTS (BY SMT. B. PUSHPALATHA, ADDL. SPP FOR R1 R2 SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.0139/2024 FOR THE OFFENCES P/U/S. 137(2), 127(4), 64(2) (m), 65(1) OF BNS, SEC.5(L) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (KARNATAKA AMENDMENT) ACT, 2016 REGISTERED BY GUDIBANDE P.S. CHIKKABALLAPUR DISTRICT (1ST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE PETITIONER IN COURT OF IV ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPUR IN SPL.SC.NO.52/2025 U/S. 483 OF BNSS, 2023 SEEKING GRANT BAIL WHICH CAME TO BE DISMISSED ON 27.06.2025 COUPLED WITH SUCH OTHER CONDITION AS THIS HONBLE COURT.

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 the sole accused under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in Crime No.139/2024 of Gudibande Police Station, Chikkaballapura District, registered for the offences punishable under Sections 137(2), 127(4), 64(2)(m), 65(1) of BNS, Sections 5(L) and 6 of Protection of Children from Sexual Marriage (Karnataka Amendment Act, 2016 pending in Special SC No. 52/2025 under Section 483 of BNSS, 2023 on the file IV Additional District and Sessions Judge, Chikkaballapur.

2. Heard learned counsel for the petitioner and the learned Additional State Public Prosecutor for respondent No.1-State.

3. Respondent No.2 in spite of notice remained absent and unrepresented.

4. The learned counsel for the petitioner would contend that, the statement of the victim girl recorded under Section 183 of BNSS, 2023 indicate that there was love affair between the petitioner and the victim girl. The medical examination report indicates that there are no external injuries. The petitioner is ready to marry the victim girl. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are 42 witnesses cited in the charge sheet and trial will take a considerable time. With this, he prayed to allow of the petition.

5. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, the victim girl is a child under POCSO Act and sexual assault has been done on her as per her statement recorded by the police and also under Section 183 of BNSS. Petitioner is having criminal antecedents and he is involved in four theft cases. The FSL report indicates that the clothes of the petitioner is having seminal stains. With this, she prayed for rejection of the petition.

6. Having heard the learned counsel, perused the charge sheet and other materials placed on record.

7. The accusation against this petitioner as per charge sheet is that he kidnapped the victim girl, took her to different places and stayed with her in rented premises and had sexual intercourse and married her. The victim girl is aged 16 years as on the date of alleged offence. The statement of victim girl recorded under Section 183 of BNSS Act, 2023, and also recorded by the police indicate that there was love affair between petitioner and the victim girl.