IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 16786 OF 2025

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

BETWEEN:

MUSA APSAR @ APSAR

S/O LATE KUNHI AHMED,

AGED ABOUT 32 YEARS,

R/AT KUNJATHURU VILLAGE,

MANJESHWARA TALUK, KASARAGODU DISTRICT,

KERALA STATE - 671 323.

…PETITIONER

(BY SRI. PRATHEEP K.C., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REP. BY SAKLESHPURA TOWN POLICE STATION,

HASSAN DISTRICT,

REP. BY STATE PUBLIC PROSECUTOR,

Digitally signed by

LAKSHMINARAYANA HIGH COURT BUILDING,

MURTHY RAJA SHRI

BENGALURU - 560 001.

Location: HIGH

COURT OF

KARNATAKA

2. MOHAMMAD ALI

S/O LATE BUDEAN SAHEB,

AGED ABOUT 55 YEARS, R/AT CHAMPAKA NAGAR,

NEAR CHRISTIAN SMASHANA,

1^ST CROSS, SAKLESHPURA,

HASSAN - 573 134.

…RESPONDENTS

(BY SMT. WAHEEDA M.M., HCGP FOR R1;

R2 - SD BUT UNREPRESENTED)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C. 438/2025 (CRIME NO.265/2025), PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I AT HASSAN, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 96 AND 64(2)(m) OF BNS AND SECTIONS 4 AND 6 OF POCSO ACT, 2012 BY SAKLESHPURA TOWN POLICE.

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 sole accused under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C.No.438/2025 (Crime No.265/2025 of Sakleshpura Town Police Station) registered for offences punishable under Sections 96 and 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of Protection of Children from Sexual Offences Act, pending on the file of Additional District and Sessions Judge, FTSC-I, Hassan.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice to respondent No.2, he remained absent and unrepresented.

3. Learned counsel for petitioner would contend that, the victim girl who left her house at Sakleshpura and went to Bengaluru as she was scolded by her mother as she was talking to some boy. The victim girl boarded bus to Mangalore in a bus and during the journey, she met with the petitioner and the petitioner who alighted along with the victim girl in Mangalore and took her to his room and had sexual intercourse. The petitioner was not aware that the victim girl was minor. It is strange that the victim girl going with an unknown person to his room, thereto during midnight. As the charge sheet has been filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent No.1 - State would contend that, the statement of the victim girl has been recorded by the Police and also under Section 183 of BNSS wherein she has specifically stated the acts of this petitioner having forcible sexual intercourse on her in his room for two times. The medical report indicates that, the hymen of the victim girl is ruptured. The bed sheet seized from the room of the petitioner is found to be detected with seminal stains. 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 parties, the Court has perused the charge sheet and other materials placed on record.

6. The victim girl is aged seventeen (17) years was found missing on 30.08.2025 and her father filed missing complaint on 01.09.2025 and it came to be registered in Crime No.265/2025 in Sakleshpura Town Police Station for offence under Section 137(2) of BNS. The victim girl was found in Mangaluru Railway Station by her brother-in-law and brother and took her to Kadri Police Station. In turn, she was taken to Sakleshpura Poli