IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15601 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SHANTHA KUMAR SHANTU S/O. GOPANNA AGED ABOUT 21 YEARS No.29, NARASIMHA MURTHY BUILDING THIGALARAPALYA MAIN ROAD GARUDAPPA CIRCLE, PEENYA BENGALURU - 560 091.

…PETITIONER (BY SRI. S G RAJENDRA REDDY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY MAGADI ROAD POLICE STATION BENGALURU REPTD. BY S.P.P.

Digitally signed by LAKSHMINARA YANA HIGH COURT OF KARNATAKA MURTHY RAJASHRI BENGALURU – 560 001.

Location: HIGH COURT OF KARNATAKA

2. NAGAMMA W/O. LATE HANUMANTHAPPA YELLAPPA BILAGI AGED ABOUT 38 YEARS R/AT No.50, B.R.I.COLONY AGRAHARA DASARAHALLY BENGALURU - 560 079.

…RESPONDENTS (BY SRI MOHD. AYUB ALI, ADDL. SPP FOR R1 R2-SERVED)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME No.60/2025 OF MAGADI ROAD POLICE STATION, BENGALURU CITY, PENDING ON THE FILE OF THE ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU, IN SPL.C.C. No. 1668/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(m) OF BNS, 2023 AND U/SEC. 5(L), 6, 5(J)(II), 17 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND U/SEC.9, 10, 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT.

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 petitioner -accused No.2 under Section 483 of BNSS praying to grant bail in Spl.C.C.No.1668/2025 arising out of Crime No.60/2025 of Magadi Road Police Station pending on the file of the Additional City Civil and Sessions Judge, FTSC-V, Bengaluru registered for offences punishable under Sections 137(2), 62(2)(m) of BNS, Sections 5(L),6, 5(J) (II) of Protection of Children from Sexual Offences, Act and Sections 9, 10, 11 of Prohibition of Child Marriage Act.

2. Heard learned counsel for the petitioner and learned Additional SPP for the 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 averments of the missing complaint dated 03.04.2025 filed by the mother of the victim girl indicate that the victim girl is in the habit of going out of the house without intimating parents. The victim girl in her statement recorded on 10.05.2025 has not made any allegation against this petitioner and subsequently, in her statement dated 14.05.2025 has made allegation against this petitioner having sexual intercourse with her. The victim girl is aged 17 years 08 months and she is of the age of understanding the consequences of her acts. The victim girl herself went along with juvenile and juvenile married the victim girl and had sexual intercourse with her. The blood sample for DNA test have been taken on 10.05.2025 and DNA report has been received after 03 months and therefore, its authenticity has to be tested at the trial. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is aged 21 years and not having any criminal antecedents with this, he prayed to allow the petition.

4. Per contra, learned Additional SPP for respondent No.1 -State would contend that the statements of the victim girl clearly indicate that this petitioner had sexual intercourse on her even knowing that she is aged below 18 years. The DNA test report indicates that the petitioner is biological father of the fetus. Charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prays to reject the petition.

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

6. The victim girl went missing on 02.04.2025 and missing complaint has been filed by her mother on

04.04.2025. In the said complaint, there is mention that earlier also the