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Sri Manikanta vs The State By Shiralakoppa
2026 Latest Caselaw 785 Kant

Citation : 2026 Latest Caselaw 785 Kant
Judgement Date : 3 February, 2026

[Cites 6, Cited by 0]

Karnataka High Court

Sri Manikanta vs The State By Shiralakoppa on 3 February, 2026

Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
                                                 -1-
                                                                NC: 2026:KHC:6044
                                                          CRL.P No. 17067 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. 17067 OF 2025 (439(Cr.PC) /
                                            483(BNSS))
                      BETWEEN:

                      SRI. MANIKANTA
                      S/O SURESH
                      AGE ABOUT 21 YEARS
                      R/AT HALEMUTTAGI VILLAGE
                      SHIKARIPUR TALUKA
                      SHIVAMOGGA
                                                                    ...PETITIONER
                      (BY SRI. ANANDEESWARA D.R, ADVOCATE)

                      AND:

                      1.    THE STATE BY SHIRALAKOPPA
                            POLICE STATION
                            REPRESENTED BY
Digitally signed by
LAKSHMINARAYANA             STATE PUBLIC PROSECUTOR
MURTHY RAJASHRI
Location: HIGH              HIGH COURT BUILDING
COURT OF
KARNATAKA                   BANGALORE-560 002

                      2.    SMT. SUMITRAMMA
                            W/O HANUMANTHAPPA
                            AGE ABOUT 38 YEARS
                            R/A SHIDDIHALLI VILLAGE
                            SIKARIPUR TALUK
                            SHIVAMOGGA DISTRICT-577 433
                                                                  ...RESPONDENTS
                      (BY SRI. M.R. PATIL, HCGP FOR R1;
                          R2-SERVED AND UNREPRESENTED)
                              -2-
                                             NC: 2026:KHC:6044
                                     CRL.P No. 17067 of 2025


HC-KAR




     THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC
(FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN SPL.C.NO.306/2025 FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 87,64(2)(f),127(3) OF BNS
2023 AND SEC.4 OF THE POCSO ACT WHICH IS PENDING
BEFORE THE HON'BLE ADDL.DISTRICT AND SESSIONS JUDGE
FTSC-1 (POCSO) SHIVAMOGGA IN CR.NO.219/2025 OF
SHIRALAKOPPA P.S.

    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

Spl.C.No.306/2025 (Crime No.219/2025 of Shiralakoppa

Police Station) pending on the file of Additional District and

Sessions Judge, FTSC-1 (POCSO), Shivamogga, registered

for offences under Sections 87, 64(2)(f), 127(3) of BNS

and Section 4 of POCSO Act.

2. Heard learned counsel for petitioner and learned

HCGP for respondent/State. Inspite of service of notice,

respondent No.2 remained absent and unrepresented.

NC: 2026:KHC:6044

HC-KAR

3. Learned counsel for petitioner would contend that

the petitioner and the victim girl were in love affair since

last one year. The petitioner is a distant relative of the

victim. The victim is aged about 17 years and she knows

the consequences of her acts. The victim girl voluntarily

went with the petitioner to his house. The FSL report is

negative. As the charge sheet is filed, the petitioner is not

required for further custodial interrogation. There are no

criminal antecedents of the petitioner. With this, he prayed

to allow the petition.

4. Per contra, learned HCGP would contend that 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 sexual intercourse with

her. The Doctor who examined the victim girl has given

final opinion that there are no signs suggestive of recent

sexual intercourse and there are signs suggestive of

vaginal penetration. The incident has taken place on

16.08.2025 and the victim has been examined on

NC: 2026:KHC:6044

HC-KAR

22.08.2025. The charge sheet material show prima-facie

case against the petitioner for the offences alleged against

him. With this, he prayed to reject the petition.

5. Having heard the learned counsels, the Court has

perused the charge sheet and other materials placed on

record.

6. As per the charge sheet, the allegation against the

petitioner is that he is a distant relative of the victim girl

and he got introduced to her by sending a friend request

to Instagram and thereafter they were talking over phone.

The petitioner was insisting the victim girl to love him. On

15.08.2025, the petitioner asked the victim girl to come to

Shiralkoppa and she came there and he took her to his

house and at about 11.30 p.m. he had sexual intercourse

with her and kept her in his house till 17.08.2025. The

statement of the victim girl has been recorded under

Section 183 of BNSS. The victim girl in the history at the

time of examination by the Doctor has stated that she and

NC: 2026:KHC:6044

HC-KAR

petitioner/accused are known to each other and since one

year they used to like each other. The said aspect itself

indicates that the petitioner and the victim girl were

having love affair. The victim girl is aged about 17 years

and she is of the age of understanding the consequences

of her acts. The petitioner is in judicial custody since

20.08.2025 and as the charge sheet is filed, he is not

required for further custodial interrogation. There is no

criminal antecedents of the petitioner.

7. Considering the above aspects, the petitioner has

made out case for grant of bail with conditions. In the

result, in following:

ORDER

Petition is allowed. Petitioner is granted bail in

Spl.C.No.306/2025 (Crime No.219/2025 of Shiralakoppa

Police Station) pending on the file of Additional District and

Sessions Judge, FTSC-1 (POCSO), Shivamogga, subject to

following conditions:

NC: 2026:KHC:6044

HC-KAR

(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the trial Court.

(ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

(iii) Petitioner 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

DKB List No.: 1 Sl No.: 12

 
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