Anticipatory bail may be granted when investigation is complete, charge sheet is filed, and victim statements support a consensual relationship without evidence of force, satisfying the court that the petitioner is entitled to relief.

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND THEREBY PLEASED TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CRIME NO.165/2025 OF THE JAYAPURA POLICE STATION PENDING ON THE FILE OF THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, MYSURU FOR THE OFFENCES PUNISHABLE UNDER SECTION SECTION 137(2), 64 (2) (m) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 AND SECTION 5(L), 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

The accused in Crime No.165/2025 registered by the Jayapura Police Station, Mysuru District for the offences punishable under Sections 137(2), 64(2)(m) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 5(L) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 is before this Court seeking anticipatory bail.

2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor on behalf of the respondent No.1 - State.

3. Respondent No.2, who is served in the matter, has remained unrepresented before this Court.

4. FIR in Crime No.165/2025 was registered by the Jayapura Police Station for the aforesaid offences against the petitioner herein based on the first information dated 26.11.2025 received from the Senior Superintendent working in the Office of the Child Welfare Department, Mysuru District. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.1938/2025 before the jurisdictional Sessions Court, which was rejected on 13.01.2026. Therefore, the petitioner is before this Court.

5. Perusal of the materials on record goes to show that the petitioner, aged about 22 years and the victim girl aged about 17 years 3 months are in love. After the parents of the victim came to know about the same, they objected for the same. Therefore, the victim girl asked the petitioner to take her with him. Accordingly, the petitioner had taken the victim girl to his house, where they stayed together for a period of seven days. Subsequently, the victim girl was traced and was sent to Bala Mandira. The victim girl has not co-operated for her medical examination and therefore, there is no material available at this stage to prima-facie show that the petitioner allegedly had sexual intercourse with the victim girl. The statement of the victim girl under Section 183 of BNSS, 2023 was recorded by the jurisdictional Magistrate on 23.12.2025. Even in the said statement also, the victim girl has not made any serious allegations against the petitioner. On the contrary, she has stated that she was in love with him and had voluntary accompanied the petitioner and stayed in his house for a period of seven days. Investigation of the case is now completed and charge sheet has been already filed. Under these circumstances, I am of the opinion that prayer for grant of anticipatory bail needs to be answered in the Affirmative.

6. Accordingly, the following;