IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 13933 OF 2025

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

BETWEEN:

1. SHRI ROHIT RAJ

S/O MADAN RAJ,

AGED ABOUT 18 YEARS,

RESIDING AT NO.16/2, NORTH STREET,

NEELASANDRA, BENGALURU SOUTH,

VIVEKNAGAR,

BENGALURU - 560 047.

…PETITIONER

(BY SRI. ABHILASH VAIDYANATHAN, ADVOCATE FOR

SRI. MANU PRABHAKAR KULKARNI, ADVOCATE)

AND:

1. STATE OF KARNATAKA

THROUGH SHO,

ASHOKNAGAR POLICE STATION,

Digitally signed by

LAKSHMINAR AYANA SHANTALA NAGAR, ASHOKNAGAR,

MURTHY RAJASHRI

BENGALURU - 560 025.

Location: HIGH

COURT OF

KARNATAKA

2. SHRI. JOHN SUKESH

S/O. LATE ANTHONI,

AGED ABOUT 45 YEARS,

RESIDING AT NO.36, 3^RD CROSS,

CHARLES CAMPBELL ROAD, COX TOWN,

BENGALURU - 560 005.

…RESPONDENTS

(BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;

R2 - SERVED BUT UNREPRESENTED)

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN RELATION TO PROCEEDINGS ARISING OUT OF FIR IN CRIME NO.231/2025 REGISTERED BY RESPONDENT NO.1 IN ASHOKNAGAR POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2) AND 64 OF BNS READ WITH SECTIONS 5 AND 6 OF POCSO ACT, 2012 AT ANNEXURE-A.

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 Bharatiya Nyaya Sanhita, 2023 praying to grant bail in Crime No.231/2025 of Ashoknagar Police Station, registered for offences under Section 137(2) and 64 of Bharatiya Nyaya Sanhita, 2023 and Sections 5 and 6 of Protection of Children from Sexual Offences Act.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State. Inspite of service of notice issued to respondent No.2, he remained absent and unrepresented.

3. Learned counsel for petitioner would contend that, the statement of the victim girl itself indicates that, there was love affair between her and the petitioner. According to the history recorded by the doctor indicates that, there is a consensual sexual intercourse between them. The petitioner is aged eighteen (18) years and the victim girl is aged sixteen (16) years. The victim girl is of the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent No.1 would contend that, the victim girl in her statement recorded under Section 183 of BNSS has stated that, the petitioner has forced her for sex. The victim girl has given a history before the doctor of accused having sexual intercourse with her. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him.

With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR, complaint, charge sheet and other materials placed on record.

6. The age of the victim as on the date of incident is sixteen (16) years and her date of birth is 29.07.2008. The allegation against this petitioner is that, he took the victim girl on 31.07.2025 to terrace of his house and forcibly had sexual intercourse with her and thereafter, left the victim girl to her house. The statement of the victim girl has been recorded by the Police and it indicates that, victim girl came in contact with the petitioner through social media and she was having love affair with the petitioner. The victim girl gave history before the doctor who examined her that, she had a consensual sexual intercourse with the petitioner. The victim girl is aged sixteen (16) years and she is of the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial intervention. Th