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Karnataka High Court
Sri Basavaraju vs State By Koratagere Police Station on 13 January, 2026
-1-
NC: 2026:KHC:1951
CRL.A No. 2484 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 2484 OF 2025 (U/S 14(A) (2))
BETWEEN:
SRI BASAVARAJU,
S/O SIDDARAMAIAH,
AGED ABOUT 30 YEARS,
R/O KURIHALLI VILLAGE,
CN DURGA HOBLI,
KORTAGERE TALUK,
TUMAKURU - 572 129.
...APPELLANT
(BY SRI.HARISH GOWDA.K.M., ADVOCATE)
AND:
1. STATE BY KORATAGERE POLICE STATION,
KORATAGERE,
Digitally signed
by REP. BY SPP,
SHARADAVANI HIGH COURT OF KARNATAKA,
B
Location: High BENGALURU - 560 001.
Court of
Karnataka
2. ANAND
S/O MAHADEVAIAH,
AGED ABOUT 40 YEARS,
R/O KESTHURU VILLAGE,
KORA HOBLI,
TUMAKURU TALUK AND DISTRICT - 572 128.
3. VICTIM GIRL
(GUARDIAN FATHER - ANAND)
-2-
NC: 2026:KHC:1951
CRL.A No. 2484 of 2025
HC-KAR
D/O ANAND,
AGED ABOUT 17 YEARS,
R/O KESTHURU VILLAGE, KORA HOBLI,
TUMAKURU TALUK AND DISTRICT - 572 128.
...RESPONDENTS
(BY SRI.B.LAKSHMAN., HCGP FOR R1)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED
TO ALLOW THIS PETITION AND GRANT THE BAIL TO
PETITIONER IN CRIME NO.220/2025 OF KORATAGERE POLICE
FOR THE OFFENCES PUNISHABLE UNDER SECTION 62(2)(m)
OF BNS 2023 AND SECTION 6 OF POCSO ACT, 2012, SECTION
9 OF THE CHILD MARRIAGE RESTRAINT ACT, SECTION
3(1)(w)(ii), 3(2)(va) OF SC/ST AMENDMENT ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellant has preferred this appeal against the
order passed by the Addl. District and Sessions Judge
(FTSC-1), Tumakuru in Crl.Mis.No.1517/2025 dated 10th
day of November, 2025.
NC: 2026:KHC:1951
HC-KAR
2. Brief facts leading to this appeal are that on the
basis of the complaint filed by Anand aged 40 years,
Koratagere Police have registered the case in Crime
No.220/2025 against this accused for the commission of
offence under Section 137(2) of Bharatiya Nyaya Sanhita,
2023. After investigation, the I.O has submitted the
charge sheet against the accused for the offence under
Sectoin 137(2), 64(2) and 249 of BNS, 2023 and Section 6
of POCSO Act, 2012 and Section 9 of the Child Marriage
Restraint Act, 2006 and the offence under Section
3(1)(w)(ii), 3(2)(va) of SC and ST (POA) Act, 2015.
3. Since the charge sheet is already filed, the
accused is not required for further investigation. The Trial
Court has observed in Para 12 of the impugned order that
in the statement recorded under Section 183 of BNSS,
2023, the victim has categorically stated that she got
acquainted with the petitioner. The petitioner expressed
his love towards her and they used to talk each other over
phone.
NC: 2026:KHC:1951
HC-KAR
4. The age of the victim is 17 years 1 month 9
days as on the date of commission of offence and the
victim has studied up to SSLC. The I.O has produced the
school certificate and birth certificate of the victim, but he
has not produced the ossification certificate.
5. Considering the age of the victim and statement
of the victim under Section 183 of BNSS, 2023, and also
keeping in the mind the recent decision of the Hon'ble
Apex Court in Special Leave Petition (Criminal)
No.10656/2025 decided on 09.01.2026 rendered in The
State of Uttar Pradesh Vs. Anurudh and another and
SLP (Criminal) No.7576/2025 decided on 17.07.2025
rendered in Anash Vs. State of NCT of Delhi and
Another, it is just and proper to allow this appeal.
Accordingly, I proceed to pass the following:
ORDER
Appeal is allowed. The impugned order passed by the
Addl. District and Sessions Judge (FTSC-1), Tumakuru in
NC: 2026:KHC:1951
HC-KAR
Crl.Mis.No.1517/2025 dated 10th November, 2025, is set-
aside. Consequently, the application filed under Section
483 of BNSS, 2023, is allowed on following conditions:
(i) The appellant/ accused shall be released
on bail on execution of self bond of
Rs.1,00,000/- with one surety for likesum
to the satisfaction of the trial Court;
(ii) The appellant shall not tamper and
threaten the prosecution witnesses in any
manner;
(iii) The appellant shall co-operate for trial and
he shall appear before the trial Court on all
the dates of hearing;
(iv) The Registry is directed to send the copy
of the order to the Trial Court.
Sd/-
(G BASAVARAJA)
JUDGE
TKN
List No.: 1 Sl No.: 33
