IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 12789 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI. SANGAMESHWARA S/O. VAIJYANATHA AGED ABOUT 30 YEARS R/OF KASAR TOOGUVA VILLAGE BHALKI TALUK, BIDAR DIST. - 585 328.

…PETITIONER (BY SRI NAGARAJ K G, ADVOCATE)

AND:

1. STATE BY KUSHALNAGARA TOWN P. S REP. BY SPP Digitally signed by HIGH COURT BUILDING, LAKSHMINARAYANA BENGALURU – 560 001.

MURTHY RAJASHRI Location: HIGH COURT OF 2. SMT. RUKMINI, KARNATAKA W/O. LATE SUBRAMANI AGED ABOUT 47 YEARS R/OF MULLUSOGE VILLAGE KUSHALNAGARA – 571 234.

…RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.68/2025, REGISTERED BY THE 1^ST RESPONDENT - KUSHALNAGAR P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTION 137(2), 65(1) OF BNS, 2023 AND SEC.5(J)(ii), 5(L) AND 6(1) OF POCSO, ACT, 2012 AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by the sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 68/2025 of Kushal Nagar Police Station for offence punishable under Sections 137(2) and 65(1) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’) and Section 5(J)(ii), 5(L) and 6(1) of POCSO Act.

2. Heard learned counsel for petitioner and learned HCGP for respondent No. 1 – State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

3. Learned counsel for petitioner would contend that the petitioner and the victim girl were in love affair and victim girl has not alleged any forcible sexual intercourse on her by the petitioner. Statement of the victim girl has been recorded under Section 183 of BNSS wherein the victim girl has deposed that she is aged 19 years and petitioner also thought that she was aged 19 years. Investigation is completed, charge sheet is filed and therefore, petitioner is not required for custodial interrogation. He further submits that in the medical examination report the Doctor has opined that there is no sign suggestive of genital assault. With this, he prayed to allow the petition.

4. Per contra, learned HCGP would contend that the victim girl is aged 15 years 8 months as on the date of offence. Statement of the victim girl has been recoded under Section 183 of BNSS wherein she has stated that the petitioner had sex with her. The Doctor who examined the victim girl has noted that her hymen is not intact.

Charge sheet material show prima facie case against the petitioner. With this he prayed to reject the petition.

5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record.

6. Date of birth of the victim girl is 27.10.2009 and she was aged 15 years 8 months as on the date of the incident. Petitioner and victim girl were working in a hotel where they came in contact with each other and victim girl was loving the petitioner. Statement of the victim girl recorded under Section 183 of BNSS indicate that the victim girl voluntarily went with the petitioner and stayed with him where they had sexual intercourse. Victim girl has not stated that there was force by the petitioner. The victim girl is of the age of understanding the consequences of her acts. As charge sheet is filed, petitioner is not required for custodial interrogation. Petitioner has made out grounds for grant of bail with conditions.

7. In the result, the following;

O R D E R

Petition is allowed. Petitioner is granted bail in crime No. 68/2025 of Kushal Nagar Police Station subject to the following conditions:

I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial