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Karnataka High Court
Sri Basavaraja vs State By on 3 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:6000
CRL.P No. 17020 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 17020 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI. BASAVARAJA
S/O YANKAPPA
AGED ABOUT 25 YEARS
RESIDENT OF ENNEKOPPA VILLAGE
SORABA TALUK
SHIVAMOGGA DISTRICT-577 429
...PETITIONER
(BY SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE)
AND:
1. STATE BY
SHIRALKOPPA POLICE STATION
Digitally signed by
LAKSHMINARAYANA SHIKARIPUR TALUK
MURTHY RAJASHRI
Location: HIGH
SHIVAMOGGA DISTRICT
COURT OF REPRESENTED BY
KARNATAKA
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALORE-560 001
2. VICTIM
D/O GOVINDAPPA
AGED ABOUT 17 YEARS, SINCE MINOR
R/BY HER FATHER GOVINDAPPA
RESIDENT OF KOLAGI TANDA VILLAGE
SHIKARIPURA TALUK
-2-
NC: 2026:KHC:6000
CRL.P No. 17020 of 2025
HC-KAR
SHIVAMOGGA DISTRICT-577 433
...RESPONDENTS
(BY SRI. HARISH GANAPATHY, HCGP FOR R1;
R2- SERVED AND UNREPRESENTED)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED U/S.483 BNSS) PRAYING TO GRANT REGULAR BAIL TO
THE PETITIONER SPECIAL CASE NO.300/2025 ARISING OUT OF
CRIME NO.218/2025 REGISTERED BY THE RESPONDENT NO.1
POLICE THAT IS SHIRALKOPPA P.S., SHIVAMOGGA DISTRICT,
AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 87,64(2)(m),351(2),127(2),54 OF BNS 2023
AND SEC.6 OF POCSO ACT PENDING BEFORE THE HON'BLE
ADDL. DISTRICT AND SESSIONS JUDGE, FTSC I,
SHIVAMOGGA.
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 accused No.1 under Section
483 of BNSS praying to grant bail in Special Case
No.300/2025 arising out of Crime No.218/2025 of
Shiralakoppa Police Station pending on the file of
Additional District and Sessions Judge, FTSC -I,
Shivamogga registered for offences under Sections 87,
64(2)(m), 351(2), 127(2), 54 of BNS and Section 06 of
Protection of Children from Sexual Offences Act, 2012.
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HC-KAR
2. Heard learned counsel for the petitioner and
learned High Court Government Pleader for respondent
No.1 -State. In spite 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 17 years 10 months as
on the date of offence. There was affair between petitioner
and the victim girl. The victim girl has voluntarily went
with the petitioner. The victim girl in her statement
recorded under Section 183 of BNSS has stated that she
went with the petitioner and had physical contact with
him. The victim in the hospital before the doctor at the
time of her examination has stated she and petitioner are
liking each other and sexual intercourse is on her will. The
doctor who examined the victim, he has opined that there
is no signs suggestive of recent sexual intercourse. The
charge sheet has been filed and therefore, the petitioner is
not required for custodial interrogation. There are no
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criminal antecedents of the petitioner. With this, he prays
to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent No.1 -State would contend that the
victim girl is aged 17 years 10 months and her consent is
not considered in law. The petitioner had sexual
intercourse with the victim girl 02 times. The charge
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.
6. As per charge sheet, the case of the
prosecution is that the petitioner and the victim girl came
in contact with each other and they exchanged phone
numbers and were talking to each other. The victim girl
went along with the petitioner to Jog Falls and stayed in
the house of accused No.2, where petitioner has had
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sexual intercourse on the victim girl. Victim girl is aged 17
years 10 months. The victim girl in the history before the
doctor has stated that she and petitioner are liking each
other and intercourse is on her will. The said fact indicates
that the petitioner and victim girl were having love affair.
The victim girl is of the age of understanding the
consequences of her acts. The petitioner is in judicial
custody since 18.08.2025 and as the charge sheet is filed,
he is not required for further custodial interrogation. There
are no criminal antecedents of the petitioner. Considering
the above aspect, 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 petitioner is granted bail in Special Case
No.300/2025 arising out of Crime No.218/2025
of Shiralakoppa Police Station pending on the
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file of Additional District and Sessions Judge,
FTSC -I, Shivamogga registered for offences
under Sections 87, 64(2)(m), 351(2), 127(2),
54 of BNS and Section 06 of Protection of
Children from Sexual Offences Act, 2012
subject to following conditions:
a) The petitioner -accused No.1 shall execute a
personal bond for the sum of Rs.1,00,000/-
with one surety for the like sum to the
satisfaction of the Trial Court.
b) The petitioner -accused No.1 shall not
threaten the prosecution witnesses either
directly or indirectly.
c) The petitioner -accused No.1 shall attend
the trial Court on all dates of hearing unless
exempted and co-operate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 7
