IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 14067 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MR. BASAVARAJ H

S/O. HONNURAPPA,

AGED ABOUT 36 YEARS

R/AT. NAGASAMURDRA VILLAGE

MOLAKALMURU TALUK

CHITRADURGA - 577 535.

…PETITIONER

(BY SRI. K V SATEESHCHANDRA, ADVOCATE)

AND:

Digitally signed by

LAKSHMINARA YANA 1. STATE BY

MURTHY RAJASHRI

RAMPURA POLICE STATION

Location: HIGH

COURT OF RAMPURA VILLAGE, MOLAKALMURU TALUK

KARNATAKA

CHITRADURGA - 577 540.

REPRESENTED BY ITS,

STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING, BENGALURU - 560 001.

2. MR. ANJANEYA

S/O. SIDDAPPA

AGED ABOUT 41 YEARS

R/AT. NAGASAMURDRA VILLAGE

MOLAKALMURU TALUK CHITRADURGA - 577 535.

…RESPONDENTS (BY SMT. B PUSHPALATHA, ADDL. SPP FOR R1 R2 SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C(POCSO) NO.28/2025 (CR.NO.137/2024) OF RAMPURA P.S, FOR THE ALLEGED O/U/S 137(2),64(2)(m),65(1) OF THE BNS, 2023, AND SEC. 4 AND 6 OF THE POCSO ACT, 2012, ON THE FILE OF THE COURT OF SPECIAL 2ND ADDL.DIST. AND SESSIONS JUDGE AT CHITRADURGA.

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 BNSS praying to grant bail in Spl.C.(POCSO)No.28/2025 (Crime No.137/2024 of Rampura Police Station) registered for offences punishable under Sections 137(2), 64(2)(m), 65(1) of BNS and Sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012 pending on the file of Special II Additional District and Sessions Judge, Chitradurga.

2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1 –State. In spite of service of notice, respondent No.2 remained absent and unrepresented.

3. Learned counsel for the petitioner would contend that even though as per prosecution case the age of the victim girl is 14 years and no documents are produced in that regard. The doctor who conducted dental age estimation has opined that the victim is below 18 years. The victim girl in her cross-examination has stated that her elder sister is 19 years and she is 01 year younger to her elder sister. The victim girl stayed with the petitioner for 01 month as husband and wife. Even though the victim has stated that she is having birth certificate and Aadhar Card which she has given to the police, but they have not been produced. He further submits that therefore, the age of the victim is not established. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

4. Per contra, learned Additional SPP for respondent No.1 -State would contend that the victim girl in her statements before the Police and before the Magistrate has stated that she has not studied. The victim has specifically stated the acts of this petitioner having sexual intercourse with her. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, she prayed to reject the petition.

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

6. The charge sheet materials indicate that the petitioner and the victim girl resided together in estate for a period of 01 month wherein he had sexual intercourse with the victim. Even though, victim is stated to be aged 14 years, but no educational documents or Aadhar Card is part of the charge sheet. The Doctor who conducted dental age estimation has opined that the victim is below 18 years. Therefore, at this stage, it cannot be said that the victim girl is aged 14 years. Her age is to be ascertained at the trial. The victim girl has already been examined. The petitioner is in judicial custody since 12.02.2025 and as the charge sheet is file