IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15805 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

RAJESHA S/O. RAMEGOWDA @ DONEGOWDA, AGED ABOUT 23 YEARS, DRIVER, R/O. PADIGOUDANAKOPPALU VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 432.

…PETITIONER (BY SRI. SHARATH J.M., ADVOCATE FOR SRI. PUNEETH B.S., ADVICATE)

AND:

1. STATE BY MANDYA WOMEN POLICE MANDYA, REPRESENTED BY SPP, Digitally signed by LAKSHMINARAYANA HIGH COURT OF KARNATAKA AT MURTHY RAJAS HRI BANGALORE-560 001.

Location: HIGH COURT OF KARNATAKA

2. BHAGYAMMA W/O. CHANNEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT T. CHANNAPURA VILLAGE, NAGAMANGALA TALUK, MANDYA-571 432.

…RESPONDENTS (BY SRI. HARISH GANAPATHY, HCGP FOR R1;

R-2 SERVED)

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

483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.144/2025 ARISING OUT OF CR.NO.39/2025 OF MANDYA WOMEN P.S., MANDYA, PENDING ON THE FILE OF ADDL. SESSIONS JUDGE, FTSC-II, MANDYA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 87, 78(2), 64(1), 127(3) OF BNS, 2023, UNDER SECTION 4 OF POCSO ACT, 2012, BY ALLOWING THIS PETITION.

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 Nagarik Suraksha Sanhita, 2023 praying to grant bail in Spl. C No.144/2025 pending on the file of the learned Additional Sessions Judge, FTSC-II, Mandya, arising out of Crime No.39/2025 of Mandya Women Police Station registered for the offences punishable under Sections 137(2), 87, 78(2), 64(1), 127(3) of Bharatiya Nyaya Sanhita, 2023, and Section 4 of Protection Of Children Sexual Offences Act, 2012.

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2. Heard the learned counsel for petitioner and the

learned High Court Government Pleader respondent

No.1/State.

3. In spite of service of notice, the respondent No.2 remained absent and unrepresented.

4. The learned counsel for petitioner would contend that the victim girl is aged 17 years, and petitioner is aged 23 years. The victim girl is having love affair with the petitioner since six years, and the same has been stated by her in her statement recorded under Section 183 of BNSS. The doctor who examined the victim girl has not given final opinion, and it is kept pending receipt of FSL report. The FSL report is negative. The father of the victim girl had filed a complaint on 08.05.2025, and there is no allegation against this petitioner in the said complaint. Subsequently, the mother of the victim girl has filed a complaint making allegations against the petitioner. Now the investigation is over. Charge sheet has been filed and therefore the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

5. Per contra, the learned High Court Government Pleader for the respondent No.1/State would contend that the victim girl is aged 17 years and the petitioner was aware of the same. It is alleged that the petitioner, being a married man, took the victim girl to Bengaluru, kept her in a house, and had sexual intercourse with her. The victim girl, in her statement recorded under Section 183 of the BNSS, has specifically stated that the petitioner had sexual intercourse with her. The doctor who examined the victim girl has noted that her hymen is not intact. The petitioner, in his voluntary statement, has admitted having committed sexual intercourse with the victim girl. The charge sheet material shows a prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.

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

7. The case of the prosecution as per charge sheet is that the petitioner had love affair with the victim girl. The petitioner married CW6 about one year ago. Despit