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. 16559 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. VISHNUVARDHAN S/O SHIVAPPA AGED ABOUT 21 YEARS RESIDING AT KAMBALAPALLI VILLAGE CHILLAMATTURU MANDALAM HINDUPUR TALUK CHITTOR, ANDRAPRADESH - 515 201.

…PETITIONER (BY SRI. GIRISH R, ADVOCATE)

AND:

1. STATE OF KARNATAKA Digitally signed by LAKSHMINAR AYANA BY BOMMANAHALLI PS MURTHY RAJASHRI NOW REPRESENTED BY Location: HIGH COURT OF STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001.

2. J RAMALAKSHMI W/O J VENKATARAMANAPPA AGE 41 YEARS R/AT ROOPINI RENTED HOUSE

4^TH CROSS, 4^THMAIN NEAR VENKTESHWARARA SWAMY TEMPLE BALAJI LAYOUT, HONGASANDRA BENGALURU – 560 068.

(MOTHER OF VICTIM GIRL)

…RESPONDENTS (BY SRI.HARISH GANAPATHY, HCGP FOR R1 R2 SERVICE HELD SUFFICIENT)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT BOMMANAHALLI P.S. TO RELEASE THE PETITIONER IN CR.No.247/2025 ON SPL.C.No.2320/2025 PENDING ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-III, BENGALURU.

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 under Section 483 of BNSS praying to grant bail in Spl.C.No.2320/2025 arising out of Crime No.247/2025 of Bommanahalli Police Station pending on the file of the Additional City Civil and Sessions Judge, FTSC-III, Bengaluru registered for offences punishable under Sections 54, 5(L), 6 of Protection of Children from Sexual Offence Act, 2012, Sections 137(2), 78, 64(2)(m) of BNS and Section 09 of Prohibition of Child Marriage Act, 2006.

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 victim girl is aged more than 17 years. There was a love affair between petitioner and the victim girl. The same has been stated by her in her statement before the police and also in the history given to the doctor. The victim girl voluntarily went along with the petitioner to different places. The doctor who examined the victim girl has opined that there are no signs of force. The FSL report is negative. As the charge is filed, the petitioner is not required for 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 the petitioner not only committed offence under Protection of Children from Sexual Offence Act, also committed offence under Section 9 of Child Marriage Prohibition Act. The petitioner has taken the victim girl even knowing that she is minor to different places and had forcible sexual intercourse on her. With this he prayed to reject the petition.

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

6. The statement of the victim girl recorded by the police indicates that the victim girl was in love affair with the petitioner. Even the victim girl has stated that she is in relationship with the petitioner in the history given to the doctor. The victim girl is aged more than 17 years as on the date of offence. The victim girl is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since September -2025 and as the charge sheet is filed, he is not required for further custodial interrogation. The petitioner is aged 21 years and there are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

7. In the result, the following ORDER i) The petition is allowed.

ii) The petiti