[Cites 8, Cited by 0]
Karnataka High Court
Chandrashekar @ Chandra vs State Of Karnataka on 18 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:9992
CRL.P No. 16823 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH 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
LAKSHMINARAYANA
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
-2-
NC: 2026:KHC:9992
CRL.P No. 16823 of 2025
HC-KAR
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)
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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
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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.
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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 he will give drop and
persuaded her and she went along with him on his
motorcycle. After some distance, he took the victim girl in
land and told her that he is loving her and asked her to
hug and kiss her. He held victim girl tightly, kissed her and
after removing her clothes, had sexual intercourse with
her and thereafter, threatened her to come for every 10
days. The date of birth of the victim girl as per her school
records is 19.12.2009 and she was aged about 15 years
08 months as on the date of alleged offence. The
statement of the victim girl has been recorded under
Section 183 of the BNSS, wherein she has specifically
stated the acts of this petitioner committing forcible sexual
intercourse on her. The victim girl has been examined and
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the doctor has noted that her hymen is ruptured. The FSL
report indicates that the underwear of the victim girl is
found to containing seminal stains. The petitioner is
married man having wife and children. The petitioner, in
order to satisfy his lust has committed forcible sexual
intercourse with the victim girl. Considering the above
aspects, there is prima case against the petitioner for
offences alleged against him. Considering the above
aspects, the petitioner has not made out any grounds for
grant of bail.
7. In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 34
Ct.sm
