IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12334 OF 2025 (439(Cr.PC) / 483(BNSS))

BETWEEN:

1. SHAIK NISAR S/O SHAIK KHADAR, AGED ABOUT 22 YEARS, R/AT NO. 173, 4^TH CROSS, YELAHANKA MAIN ROAD, CHIKKABETTA HALLI, BENGALURU NORTH, BENGALURU - 560097.

…PETITIONER (BY SRI. LETHIF B.,ADVOCATE)

AND:

1. STATE OF KARNATAKA, Digitally signed by BY YELAHANKA NEW TOWN POLICE STATION, LAKSHMINARA YANA MURTHY RAJASHRI BENGALURU, REP. BY SPP, Location: HIGH HIGH COURT BUILDING, COURT OF KARNATAKA BANGALORE-560001.

2. YASMIN W/O SYED MOULANA AGED ABOUT 32 YEARS, R/AT NO. 149, 4^TH CROSS, CHIKKABETTA HALLI, BENGALURU - 560097.

…RESPONDENTS (BY SMT. B PUSHPALATHA, ADDL. SPP FOR R1)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.211/2025 (SPL.C NO.1723/2025) OF YELAHANKA NEW TOWN POLICE STATION, BENGALURU FOR OFFENCE PUNISHABLE UNDER SECTIONS 87, 64(2)(m), 65(1) OF BNS AND SECTION 4(2), 5(f) R/W 6 OF THE POCSO ACT PENDING ON THE FILE OF THE FTSC IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU.

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 Nagarik Suraksha Sanhita, 2023 praying to grant bail in Spl. C No.1723/2025 (Crime No.211/2025 of Yalahanka New Town Police Station) registered for the offences punishable under Sections 87, 64(2)(m), 65(1) of BNS, 2023 and Sections 4(2), 5(f) read with Section 6 of Protection Of Children from Sexual Offences Act, 2012 pending on the file of the FTSC IV Additional District and Sessions Judge, Bengaluru.

2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State.

3. In spite of service notice, respondent No.2 remained absent and unrepresented.

4. The learned counsel for petitioner would contend that, the victim in her statement given before the doctor has stated that, she was in love affair with the petitioner, and she forced him to accompany her. The statement of the victim girl has been recorded under Section 183 of BNS, 2023, after ten days, she has been secured. In the said statement, she has stated that, she was in love affair with the petitioner. The victim girl is aged 14 years, and she knows worldly affairs. The petitioner is aged 22 years, and he is not having any criminal antecedent. With this, he prayed to allow the petition.

5. Per contra, the learned Additional State Public Prosecutor for respondent No.1/State, would contend that, the victim is aged 14 years, and she is unable to understand the worldly affairs. The petitioner is having criminal antecedent, and he is involved in two theft cases. The doctor has given final opinion. The seminal stain is detected on the clothes of the victim. The charge sheet material shows a prima facie case against the petitioner for the offence alleged against him. With this, she prayed for rejection of the petition.

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

7. As per the charge sheet, the age of the victim girl is 14 years, and her date of birth is 12.05.2011. The accusation against the petitioner is that, he got introduced himself to the victim, and told her that, he is loving her, and he will marry her, and took her to Penagonda Town and in the lodge stayed with her for three days and had sexual intercourse on her.

8. The victim has been secured on 17.05.2025.

The victim has been examined by the doctor on 18.05.2025. The victim gave history before the doctor that, she intentionally forced the petitioner, and they had physical relationship twice one on 14.05.2025 and another on 16.05.2025. The victim in her statement recorded under Section 183 of BNS, 2023 has stated that, she was in love affair with