IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12819 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SADDAM. R. P.

S/O. LATE SHAIK AHAMMAD, AGED ABOUT 33 YEARS, R/AT NO. RAMPURA VILLAGE, SASVEHALLI HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 224.

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

AND:

1. STATE OF KARNATAKA Digitally signed by BY SHIVAMOGGA RURAL POLICE STATION, LAKSHMINARAYANA MURTHY RAJAS HRI SHIVAMOGGA DISTRICT, Location: HIGH REP. BY SPP, HIGH COURT BUILDING, COURT OF KARNATAKA BANGALORE-560 001.

2. MOHAMMED SALMAN. M. D.

S/O. MOHAMMED USMAN, AGED ABOUT 43 YEARS, R/AT NO.5^TH CROSS, RAAGIGUDDA, SHIVAMOGGA DISTRICT-577 201.

…RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S

483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.166/2025 (SPL.C.NO.231/2025) OF SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 87, 64(2)(m), 127(3) OF BHARATIYA NYAYA SANHITA, 2023, UNDER SECTION 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) SHIVAMOGGA.

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 under Section 483 of Bharatiya Nyaya Sanhita, 2023 praying to grant bail in Crime No. 166 of 2025 of Shivamogga Rural Police Station registered for the offences punishable under Sections 87, 64(2)(m), 127(3) of BNS, 2023 and Section 6 of Protection Of Children From Sexual Offences Act, 2012 pending on the file of the learned Additional District and Sessions Judge, FTSC-I (POCSO) and Shivamogga in Special Case No.231 of 2025.

2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent -

State.

3. The learned counsel for petitioner would contend that, the petitioner has been arrested on 15.06.2025, and he has been interrogated and as charge sheet is filed, he is not required for custodial interrogation. The statement of the victim girl has been recorded under Section 183 of BNSS, 2023 wherein she has not alleged any sexual intercourse by this petitioner on her. The doctor, who examined the victim girl, has stated that, there is no recent sexual intercourse on the victim girl. The victim girl has stated in her statement recorded under Section 183 of BNSS, 2023 and also before the police that, she was in love with the petitioner. With this, he prayed to allow the petition.

4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, charge sheet material shows the prima facie case against the petitioner for offences alleged against him. The victim girl was aged about 15 years 5 months as on the date of offence. The statement of the victim has been recorded by the police, and also by the learned Magistrate under Section 183 of BNSS, 2023. If the petitioner is granted bail, there are chances of he threatening the victim and other prosecution witnesses and flee from justice. With this, he prayed to reject the petition.

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

6. The accusation against the petitioner in the charge sheet is that, he came in contact with CW2/victim girl, and he told the victim girl that, he is loving her, and he will marry her after she completing 18 years. Upon coming to know the same, the parents of the victim have scolded the victim and told her that they will put her in hostel. CW2/victim girl has informed the same to accused, and on 08.06.2025, when CW2 was alone in the house, petitioner came at 06.30 p.m. and took CW2 to Harihara bus, and stayed in a lodge and committed forcible sexual intercourse on the victim girl several times.

7. The statement of the victi