IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 15310 OF 2025

(439(Cr.PC) / 483(BNSS))

BETWEEN:

1. KANTHARAJA D M S/O DODDA MARAPPA,

AGED ABOUT 26 YEARS

R/O AJJAIAHNAHATTI VILLAGE,

KANCHIPURA POST, HOSADURGA TALUK,

CHITHRADURGA DISTRICT 577 527

…PETITIONER

(BY SRI. S G RAJENDRA REDDY.,ADVOCATE)]

AND:

1. THE STATE BY SRIRAMPURA POLICE

CHITRADURGA DISTRICT,

Digitally signed by RPTD. BY SPP,

LAKSHMINARA YANA

HIGH COURT OF KARNATAKA

MURTHY RAJASHRI

Location: HIGH BENGALURU - 560001.

COURT OF

KARNATAKA

2. LAKSHMAKKA

W/O MAHESHA,

AGED ABOUT 36 YEARS,

R/AT BALENAHALLI VILLAGE,

HOSADURGA TALUK,

CHITHRADURGA DISTRICT 577 527

…RESPONDENTS

(BY Smt.RASHMI PATEL, HCGP)

THIS CRL.P IS FILED UNDER SECTI0N 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.119/2025 OF SRIRAMPURA P.S CHITRADURGA DISTRICT REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2), 64(2)(m), 115(2), 54 READ WITH 3(5) OF BNS 2023 AND SECTIONS 4, 6, 8, 12 OF THE POCSO ACT 2012 PENDING ON THE FILE OF SPECIAL 2^ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN SPL.C (POCSO) NO.129/2025.

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 accused No.1 under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.119/2025 of Srirampura Police Station registered for the offences punishable under Section 137(2), 64(2)(m), 115(2), 54 read with Section 3(5) of BNS,2023 and Sections 4, 6, 8 and 12 of POCSO Act pending on the file of the learned II Additional District and Sessions Judge, Chitradurga in a Special Case (POCSO) No.129/2025.

2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 /State.

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

4. The learned counsel for petitioner would contend that, the photos produced along with the petition indicate that, the petitioner and victim are having love affair. The victim girl is aged 17 years 2 months as per her school records. In the midnight, she went voluntarily along with the petitioner. The medical record does not indicate any forcible act of the petitioner on the victim girl. The FSL report does not indicate presence of seminal stains or spermatozoa in the articles seized by the doctor sent for examination. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

5. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, the age of the victim girl as per her school records is 17 years 2 months and her date of birth is 18.03.2008. The petitioner took the victim girl and kept her in a temple where he committed forcible sexual intercourse on her. The victim girl's statement has been recorded by the police, and also under Section 183 of BNS, 2023, wherein she has specifically stated forcible act of the petitioner of sexual intercourse on her. The doctor who examined the victim girl has noted rupture of hymen of the victim and opined that she might have undergone sexual intercourse or act similar to that. The petitioner is a married man having wife and two children. The charge sheet shows prima facie case against the petitioner for offences alleged against him. With this, she prayed to reject the petition.

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

7. As per school records, the date of birth of the victim girl is 18.03.2008, and she was aged 17 years 2 months as on the date of alleged offence. The statement of the victim girl has been recorded by the police and also by the learned Magistrate under Section 183 of BNSS, 2023. In both the statements, the victim girl has stated the forcible ac