IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16823 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. CHANDRASHEKAR @ CHANDRA S/O. ANJAPPA AGED ABOUT 32 YEARS R/AT APPIKONDENAHALLI VILLAGE MULBAGAL TALUK KOLAR DISTRICT-5631 36.

…PETITIONER (BY SRI. SYED MUZAKKIR AHMED, ADVOCATE)

AND:

Digitally signed by LAKSHMINAR AYANA MURTHY RAJASHRI 1. STATE OF KARNATAKA Location: HIGH BY MULBAGAL RURAL POLICE COURT OF KARNATAKA KOLAR DISTRICT – 563 131.

(REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE- 560 001.

2. SMT. NAGAVENI W/O. RAMESH AGED ABOUT 39 YEARS R/AT APPIKONDENAHALLI VILLAGE MULBAGAL TALUK KOLAR DISTRICT-563 136.

…RESPONDENTS (BY SRI HARISH GANAPATHY, HCGP FOR R1 R2 SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.204/2025 OF MULBAGAL POLICE STATION, KOLAR DISTRICT, FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2), 351(2) OF BNS AND SEC 4 OF POCSO ACT 2012 WHICH IS PENDING IN SPECIAL CASE (POCSO)NO.103/2025, ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR.THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO),KOLAR HAS DISMISSED THE BAIL PETITION ON

25.11.2025 IN SPL.C.(POCSO) No.103/2025.

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 BNSS praying to grant bail in Crime No.204/2025 of Mulbagal Rural Police Station registered for offences punishable under Sections 137(2), 64(2), 351(2) of BNS and Section 4 of Protection of Children from Sexual Offences Act, 2012 (herein after referred to as ‘POCSO Act’ for brevity) pending in Special Case (POCSO)

No.103/2025 on the file of Additional District and Sessions Judge, FTSC-I (POCSO), Kolar.

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

3. Learned counsel for the petitioner would contend that the complaint has been filed by the mother of the victim on 14.08.2025 and there is no allegation of any sexual intercourse by the petitioner on the victim girl. The FIR has been registered for offence under Section 11 of the POCSO Act. The doctor who examined the victim girl has not given any opinion with regard to sexual intercourse. The petitioner is neighbour of the victim and there were quarrels between petitioner and family of victim and therefore, false complaint has been filed. The petitioner is married man having wife and two children. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With this, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent No.1 –State would contend that victim girl date of birth is 19.12.2009 and she was aged 15 years as on the date of alleged offence. The statement of the victim girl has been recorded under Section 183 of BNSS wherein she has specifically stated the acts of this petitioner having forciable sexual intercourse on her by threatening her. The FSL report indicates that the underwear of the victim girl is found containing seminal stains. The charge sheet materials show prima facie case against the petitioner for offences alleged against him.

With this, he prayed to reject the petition.

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

6. As per charge sheet, the case of the prosecution is that the victim girl and the petitioner are the residents of the same village. On 13.08.2025, when victim girl in order to go to her grandmother's house, she was waiting for the bus. At that time, the petitioner came on two wheeler and told her that h