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CRL.P No. 16504 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 16504 OF 2025

(439(Cr.PC) / 483(BNSS))

BETWEEN:

1. SRI ABHI

S/O NARAYANAPPA

AGED ABOUT 21 YEARS

R/AT SHIVAJINAGAR, SIRA

SIRA TALUK 572 17

DISTRICT TUMAKURU

…PETITIONER

(BY SRI. NAIK RAMACHANDRA RAMA.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

THROUGH SIRA POLICE,

REP. BY SPP, HIGH COURT BUILDING

AMBEDKAR VEEDI,

Digitally signed by

LAKSHMINARAYANA BANGALORE - 01.

MURTHY RAJASHRI

Location: HIGH

COURT OF

KARNATAKA 2. SMT. NAGAMMA

W/O RAMU

AGED ABOUT 36 YEARS

R/AT SHIRADADU VILLAGE,

KALLAMBELLA, SIRA TALUK,

TUMAKUR DISTRICT - 572137

NOW RESIDING AT SHIVAJINAGAR, SIRA TOWN,

SIRA TUMAKURU DISTRICT.

…RESPONDENTS

(BY SMT.WAHEEDA M.M., HCGP FOR R1,

SMT.VANITHA U.M, ADVOCATE FOR R2)

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CRL.P No. 16504 of 2025

HC-KAR

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED

U/S 483 BNNS) PRAYING TO GRANT THE REGULAR BAIL IN

CR.NO.396/2025 (SPL.C.548/2025) REGISTERED BY THE SIRA

POLICE, SIRA TALUK, TUMKUR DISTRICT FOR THE OFFENCE

PUNISHABLE UNDER SECTION 4 OF PROTECTION OF

CHILDREN FROM SEXUAL OFFENCES ACT. 2012 (POCSO) AND

SECTIONS 65(1) AND 351(2) BNS 2023, ON THE FILE OF

ADDTIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1

TUMAKURU.

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 the Bharatiya Nagarik Suraksha Sanhita,

2023 praying to grant bail in Special Case No.548/2025

(Crime No.396/2025 of Sira Police Station) registered for

the offences punishable under Section 4 of Protection of

Children from Sexual Offences Act, 2012 and Sections

65(1) and 351(2) of Bharatiya Nyaya Sanhita, 2023

pending on the file of the learned Additional District and

Sessions Judge, FTSC-1, Tumakuru.

2. Heard the learned counsel for petitioner and the

learned High Court Government Pleader for the respondent

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CRL.P No. 16504 of 2025

HC-KAR

No.1/State and the learned counsel for the respondent

No.2.

3. The learned counsel for petitioner would

contend that the statement of victim girl has been

recorded by the police and also by the learned Magistrate

under Section 183 of BNSS. The victim girl has also been

medically examined, and the statements of the witnesses

have been recorded. The petitioner is in judicial custody

since 14.08.2025 and as a charge sheet is filed, he is not

required for custodial interrogation. With this, he prayed to

allow the petition.

4. Per contra, the learned High Court Government

Pleader would contend that the victim girl has specifically

stated the acts of this petitioner, taking her to his house

and forcibly having sexual intercourse on her. The victim

girl has also given the same history before the doctor at

the time of her examination. The charge sheet materials

show a prima facie case against the petitioner for the

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CRL.P No. 16504 of 2025

HC-KAR

offence alleged against him. The offence alleged against

the petitioner is provided with punishment of

imprisonment which may extend to twenty years. With

this, he prayed to reject the petition.

5. The learned counsel for respondent No.2 would

contend that the victim girl is aged 16 years, is studying in

SSLC, and is required to appear for the examination during

February and March, 2026. If the petitioner is granted

bail, there is a threat to the victim girl. With this, she

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 the charge

sheet, is that on 13.08.2025 at about 8.30 a.m., the

petitioner called the victim girl to his house for lighting the

gas, and she went there and the petitioner bolted his

house, took her to bed room, and had sexual intercourse

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CRL.P No. 16504

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