IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16162 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. SRI. RAMACHANDRAPPA S/O VENAKATARAMAPPA AGED ABOUT 34 YEARS R/A VADARAALAYA VILLAGE PARAGODU BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT – 561 207.

…PETITIONER (BY SRI DEVENDRA N, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY BAGEPALLI POLICE STATION CHIKKABALLAPUR REPRESENTED BY Digitally signed by LAKSHMINAR AYANA STATE PUBLIC PROSECUTOR MURTHY RAJASHRI HIGH COURT OF KARNATAKA Location: HIGH COURT OF BENGALURU - 560 001.

KARNATAKA

2. SRI NAGARAJU S/O ANJINAPPA AGED ABOUT 40 YEARS R/A VADDARAPALYA VILLAGE PARAGODFU BANGEPALLI TALUK CHIKKABALLAPUR DISTRICT – 561 207.

…RESPONDENTS (BY SRI MOHD. AYUB ALI, ADDL. SPP FOR R-1 R-2 SERVED AND PRESENT IN THE COURT)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME.No.291/2025 REGISTERED BY BAGEPALLI P.S., FOR OFFENCE PUNISHABLE UNDER SECTIONS 137(2) OF BNS, UNDER SECTIONS 8 AND 12 OF PROTECTION OF WOMEN FROM SEXUAL OFFENCES ACT, 2012.

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by the sole accused under Section 482 of BNSS praying to grant anticipatory bail in crime No. 291/2025 of Bagepalli Police Station registered for offence under Section 137(2) of BNS and Sections 8 and 12 of POCSO Act.

2. Heard learned counsel for petitioner, learned Additional SPP for respondent No. 1 and respondent No. 2 who is present before the Court.

3. Respondent No. 2 prays not to grant anticipatory bail to the petitioner.

4. Learned counsel for petitioner would contend that father of the victim girl and the petitioner are of the same village and they belong to different castes. The offence alleged against the petitioner is not punishable with either death of imprisonment for life. The victim girl used to travel in the jeep of the petitioner on every day to attend her school. The allegation of sexual harassment made in the complaint is false. Jeep of the petitioner has been seized by the Investigating Officer and mahazar contains petitioner’s signature. Petitioner has cooperated for investigation. The fact that petitioner had not been arrested itself indicate that averments of the complaint are not correct. The complaint is politically motivated. With this he prayed to allow the petition.

5. Per contra learned Additional SPP would contend that petitioner, 10 days prior to the complaint, took the victim girl in his Bolero vehicle, gave her a chocolate, held her hand, hugged and kissed her. She had not intimated the same to anybody. On the day of incident petitioner took the victim girl in his Bolero vehicle in order to drop her to the school. At that time father of the petitioner came there and on seeing him victim girl got down from the vehicle and accused person went away in the vehicle. The victim girl is aged 15 years studying in 10^th standard. Investigation is in progress. Bolero vehicle of the petitioner has been seized. Petitioner is required for custodial interrogation. With this he prayed to reject the petition.

6. Having heard learned counsel for the parties the Court has perused FIR, complaint and other materials placed on record.

7. As per FIR the alleged incident of sexual assault had taken place 10 days prior to the date of complaint. The victim girl is aged 15 years and is studying in 10^th standard. The alleged incident has taken place in Bolero vehicle of the petitioner. Said vehicle has been seized by the Investigating Officer under mahazar, which is stated to bear the signature of the petitioner. Considering said aspect it is clear that the petitioner has cooperated for investigation.

8. The offence alleged against the petitioner are under Sections 8 and 12 of POCSO Act and out of t