IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 14295 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI ASHOK KUMAR B S @ ASHOK

S/O SEENAPPA B

AGED ABOUT 26 YEARS

R/AT KUDUVAGADDA VILLAGE

CHINTAMAKALAPALLI POST

V KOTA MANDALAM, PALAMANERU TALUK

CHITTOR DISTRICT

ANDHRA PRADESH – 517 424.

…PETITIONER

(BY SRI ABHILASH KUMAR M N, ADVOCATE FOR

SRI NANJUNDA GOWDA M R, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

Digitally signed by

BY BETHAMANGALA POLICE

LAKSHMINARAYANA

MURTHY RAJASHRI KOLAR DISTRICT

Location: HIGH

REPRESENTED BY

COURT OF

KARNATAKA STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING DR. AMBEKDAR VEEDHI BENGALURU - 560 001.

2. SMT. ANASUYA

W/O MANJUNATH

AGED ABOUT 45 YEARS

R/AT BOMMANDAHALLI VILLAGE

BETHAMANGALA HOBLI

K G F – 563 116 (MOTHER OF THE VICTIM)

…RESPONDENTS (BY SRI M R PATIL, HCGP FOR R1 SRO ANAND R V, ADVOCATE FOR R2)

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

483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SPL.C (POCSO) No.48/2025 ARISING OUT OF CR.No.57/2025 OF BETHAMANGALA P.S., PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) KOLAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 64(2)(m) OF BNS, 2023, U/S 6 OF POCOS ACT, 2012.

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 Special Case (POCSO)No.48/2025 pending on the file of Additional District and Sessions Judge, FTSC-I(POCSO), Kolar registered for offences punishable under Section 64(2)(m) of BNS and Section 6 of Protection of Children from Sexual Offences Act, 2012.

2. Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 –State and learned counsel for respondent No.2. 3. Learned counsel for the petitioner would contend that the victim girl in her further statement dated 25.06.2025 has not made any allegation of any forcible sexual intercourse by the petitioner on her and she had given earlier statements in anger as the petitioner called her to his house and he was not available there. The victim girl in the history before the doctor has stated that she was in love affair with the petitioner since 03 years. The victim is aged more than 17 years and she is having knowledge of consequences of her acts. 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 High Court Government Pleader for respondent No.1 -State would contend that the victim girl in her statement before the police and also in her statement recorded under Section 183 of BNSS has specifically stated that the acts of this petitioner committing forcible sexual intercourse on her. The victim girl has also stated regarding forcible sexual intercourse by the petitioner on her before the doctor in the history at the time of examination. The charge sheet materials show prima facie case against the petitioner. With this, he prays to reject the petition.

5. Learned counsel for respondent No.2 would contend that there is love affair between the petitioner and the victim girl. He further submits that respondent No.2 has no objection for grant of bail to the petitioner.

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

7. As per prosecution case, the victim girl is aged 17 years. On 01.02.2025, the petitioner had taken her and had forcible sexual intercourse on her in lodge and committed offences alleged against him. The statement of the victim girl has also been recorded under Section 183 of BNSS. The victim girl in the history before the doctor has stated that she is having love affair with the petitioner since 3 years. The victim girl in her further statement recorded on 25.06.2025 has not alleged any sexual interco