Karnataka High Court
Mahesh vs State Of Karnataka By on 16 March, 2026
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NC: 2026:KHC:15277
CRL.P No. 16895 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 16895 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
MAHESH
S/O. UJJAPPA YENLEKOPPA,
AGED ABOUT 22 YEARS,
R/AT TALLUR VADDAGERE VILLAGE,
POST ENNEKOPPA VILLAGE,
SORAB TALUK,
Digitally SHIVAMOGGA DISTRICT - 577 413
signed by
SREEDHARAN
BANGALORE
SUSHMA ...PETITIONER
LAKSHMI
Location: High (BY SRI. CHAKRAVARTHY T S.,ADVOCATE)
Court of
Karnataka AND:
1. STATE OF KARNATAKA BY
ANAVATTI POLICE STATION,
SHIVAMOGGA
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NC: 2026:KHC:15277
CRL.P No. 16895 of 2025
HC-KAR
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE - 560 001
2. SMT. INDRAMMA,
W/O. NAGARAJAPPA,
AGED ABOUT 36 YEARS,
R/O. HURULI VILLAGE,
SORAB TALUK,
SHIVAMOGGA DISTRICT - 577 413
...RESPONDENTS
(BY SMT. ANITHA GIRISH N., HCGP FOR R.1
BY SRI. RAJU N E., ADVOCATE FOR R.2)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ALLOW THE
PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON
BAIL IN CR.NO.70/2025 IN ANAVATTI POLICE STATION,
SHIVAMOGGA AND NOW SPL.C.NO.284/2025 ON THE FILE OF
THE HON'BLE ADDL. DIST AND SESSIONS JUDGE, FTSC-I, AT
SHIVAMOGGA, FOR THE OFFENCES P/U/S 64(2)(m), 87,
127(2) OF BNS, 2023 AND SEC. 6 AND 17 OF POCSO ACT 2012
AND SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006
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NC: 2026:KHC:15277
CRL.P No. 16895 of 2025
HC-KAR
OF SUCH TERMS AND CONDITIONS AS DEEMED FIT IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
1. This petition is filed by the petitioner who is arrayed as accused No.1 in Spl.C.No.284/2025 arising out of Crime No.70/2025 pending on the file of the Addl. District and Sessions Judge, FTSC-I at Shivamogga for the offences punishable under Section 64(2)(m), 87, 127(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sec. 6 and 17 of Protection of Children from Sexual Offences Act, (POCSO) 2012 and Sec. 9 of Prohibition of Child Marriage Act, 2006.
Factual matrix of the case:
2. The case of the prosecution is that the complainant, Smt. Indramma lodges a complaint stating that, she is having three children, out of which two are -4- NC: 2026:KHC:15277 CRL.P No. 16895 of 2025 HC-KAR female and one is male. Her elder daughter is the victim in this case. It is alleged that about six to seven months prior to the date of incident, the petitioner herein used to call her daughter and he was insisting her daughter to love him. It is further alleged that he was threatening her that he would commit murder of all the family members, if she was not willing to love him. Despite warnings issued to the petitioner, he continued to stalk the victim. On 01.04.2025, after having dinner, all the family members went to sleep in the house. On the following day, around 04:00 a.m., the complainant found that her daughter was found missing. She immediately started searching the whereabouts of her daughter, however she could not get any information regarding the whereabouts of the victim. Therefore, she lodges a complaint before the respondent police seeking for conducting search of the whereabouts of her daughter.
3. The respondent-police after registering the case, conducted investigation. During investigation, they secured the presence of the victim and arrested the accused. Further, the statement of the victim has been recorded under Section -5- NC: 2026:KHC:15277 CRL.P No. 16895 of 2025 HC-KAR 164 of Cr.P.C. The statement would indicate that after the victim and the petitioner had eloped from their respective houses, they went to the house of Shekhar Gowda and started residing in the said house. On 07.04.2025, it is stated that the petitioner married her and on 12.04.2025, sexual assault had been taken place. On 04.08.2025, she was diagnosed as pregnant. Thereafter, she gave birth to a child. Now, the child is of three months old. The respondent-police after completion of investigation, submitted the charge sheet for the aforesaid offences.
4. Heard Sri.Shreeraj S., learned counsel for Sri. T.S.Chakravarthy, learned counsel for the petitioner and Smt.Anitha Girish N, learned High Court Government Pleader for respondent No.1 and Sri. Raju N.K., learned counsel for respondent No.2.
5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences, he has been falsely implicated in this case. he is not aware about the actual age of the victim. In fact, he has been misguided and misdirected that the victim had been -6- NC: 2026:KHC:15277 CRL.P No. 16895 of 2025 HC-KAR completed 18 years. Hence, the petitioner went along with her and married her and stayed along with her as husband in the same house. After he coming to know the fact that the victim was minor, he wanted to come back and leave her to her parents house. In the meantime, he was arrested .
6. The petitioner is a permanent resident of Tallur Vaddegere Village, Soraba Taluk. He will abide the conditions imposed in the event of his release on bail. Therefore, he may be enlarged bail by imposing suitable conditions. Makings of submissions learned counsel for the petitioner prays to allow the petition.
7. Learned counsel for respondent No.2 has filed vakalath and submits that the petitioner may be enlarged on bail in the interest of the victim and the child.
8. Per Contra, the learned High Court Government Pleader respondent - State vehemently submitted to reject the bail petition.
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NC: 2026:KHC:15277 CRL.P No. 16895 of 2025 HC-KAR
9. Having heard learned counsel for the respective parties and on perusal of the averments of the charge sheet, it appears from the record that the victim is aged about 18 years 2 months as on the date of she gave her statement before the Magistrate and it is a submission of the learned counsel for the respective parties that she gave birth to a child. Now, the child is of 3 months and it appears that, it requires care and caution, for the welfare of the child and the victim, it is appropriate to grant him bail by imposing suitable conditions
10. Hence I proceed to pass the following:
ORDER i. This Criminal Petition is allowed. ii. The petitioner is enlarged on bail in Spl.C.No.284/2025 arising out of Crime No.70/2025 pending on the file of the Addl. District and Sessions Judge, FTSC-I at Shivamogga on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) -8- NC: 2026:KHC:15277 CRL.P No. 16895 of 2025 HC-KAR with one surety to the like sum of the satisfaction of the Trial Court.
iii. The petitioner shall appear before the trial Court on all hearing dates.
In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.
Sd/-
(S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 11