IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 17516 OF 2025 (439(Cr.PC) /

483(BNSS)-)

BETWEEN:

1. SRI NAGESH

S/O NARAYANSWAMY

AGED ABOUT 24 YEARS,

R/AT AMBEDKAR NAGARA,

GUDIBANDE TOWN,

GUDIBANDE TALUK CHIKKABALLAPURA - 561209

…PETITIONER

(BY SRI. RAGHAVENDRA A V, ADVOCATE)

AND:

1. STATE OF KARNATAKA

GUDIBANDE POLICE STATION,

Digitally signed by

CHIKKABALLAPURA

LAKSHMINARAYANA

MURTHY RAJASHRI REPRESENTED BY STATE PUBLIC PROSECUTOR,

Location: HIGH

COURT OF HIGH COURT OF KARNATAKA,

KARNATAKA

HIGH COURT BUILDING, BENGALURU - 560 009.

2. VICTIM GIRL

D/O RAMACHANDRA,

AGE ABOUT 14 YEARS,

(SINCE MINOR) REP. BY HER

MOTHER, SMT. MAMATHA

W/O RAMACHANDRA

AGE ABOUT 32 YEARS R/AT AMBEDKAR NAGARA, GUDIBANDE TOWN, GUDIBANDE TALUK CHICKABALLAPURA – 561209 …RESPONDENTS (BY SRI.RAHUL RAI, HCGP FOR R1 SRI. B.BHARATH, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE/RELEASE THE PETITIONER ON BAIL IN CR.NO.81/2024 AND SPL.SC.NO.121/2024 OF RESPONDENT GUDIBANDE P.S. CHIKKABALLAPURA, FOR THE ALLEGED OFFENCE P/U/S. 363, 344, 376(2)(i)(n) OF IPC AND SEC. 5(j)(ii), 6 AND 7 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES AT, 2012 PENDING ON THE FILE OF THE ADDL. SESSIONS JUDGE, FAST TRACK SPL.COURT-I (POCSO), CHIKKABALLAPURA.

THIS PETITION, COMING ON FOR FINAL HEARING, 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 BNSS praying to grant bail in Special S.C.No.121/2024 under Sections 363, 344, 376(2)(i)(n) of IPC and Sections 5(j)(ii), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 pending on the file of Additional Sessions Judge, Fast Track Special Court-

I (POCSO), Chikkaballapura.

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

3. Learned counsel for respondent No.2 submits that respondent No.2 is the victim girl and her mother have no objections for grant of bail. He further submits that respondent No.2 -victim girl and her mother along with the child of the victim are present before the Court. He further submits that the petitioner is the maternal uncle of the victim and marriage of the victim girl will be performed with the petitioner after she attains the age of majority.

4. Learned counsel for the petitioner would contend that there was love affair between petitioner and the victim girl and they were married and residing together and due to which the victim girl became pregnant and gave birth to a female child. The petitioner admitted that the child born to the victim is the child of the petitioner.

The petitioner is ready to marry the victim girl after she attains the age of majority. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 25.05.2024 and there are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

5. Per contra, learned High Court Government Pleader for respondent No.1 -State would contend that the offence alleged against the petitioner is heinous offence punishable with imprisonment which may extend upto 20 years. The charge sheet materials show prima facie case against the petitioner. The statement of the victim girl has been recorded under Section 164 of Cr.P.C. With this, he prayed to reject the petition.

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

7. As per charge sheet, the case of the prosecution is that the petitioner in the guise of loving the victim girl, took her and secured her to his house and had forceable sexual intercourse and kept her in his house and led life due to which she became pregnant. The statement of the victim girl has been recorded under Section