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