[Cites 6, Cited by 0]
Karnataka High Court
Mallesh vs State Of Karnataka on 29 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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CRL.P No. 17194 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17194 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. MALLESH
S/O NARAYANA
AGED ABOUT 23 YEARS
R/AT. GOLLAHALLI VILLAGE
VYAPANAPALLI PANCHAYATH
KRISHNAGIRI DISTRICT
TAMIL NADU-635 002.
...PETITIONER
(BY SRI. ABHISHEK HUDDAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MULBAGAL RURAL POLICE STATION
Digitally signed by
REP. BY SPP OFFICE
LAKSHMINARAYANA HIGH COURT OF KARNATAKA
MURTHY RAJASHRI
Location: HIGH
BENGALURU-560 001.
COURT OF
KARNATAKA
2. SMT. SUGUNAMMA
W/O. LATE NARAYANAPPA
AGED ABOUT 35 YEARS
R/AT. B HOSAHALLI VILLAGE
MULBAGAL TALUK-563 131.
...RESPONDENTS
(BY SRI MOHD. AYUB ALI, ADDL. SPP FOR R1
SRI SHARAN K, ADVOCATE FOR R2)
-2-
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CRL.P No. 17194 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED
UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE
PETITIONER/ACCUSED ON BAIL, ON SUCH TERMS AND
CONDITIONS AS THIS HONBLE COURT DEEMS FIT, IN
SPL.C.NO.58/2025 (POCSO) OF MULBAGAL RURAL P.S. FOR
OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 65(1) OF
THE BNS, SEC.6 OF THE POCSO ACT 2012 AND SEC.9 OF
PROHIBITION OF CHILD MARRIAGE ACT.
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 the BNSS, praying to grant bail in
Spl.C.(POCSO)No.58/2025 pending on the file of
Additional District and Sessions Judge, FTSC-1(POCSO),
Kolar, registered for offences under Section 137(2), 65(1)
of BNS, Section 6 of POCSO Act and Section 9 of
Prohibition of Child Marriage Act.
2. Heard the learned counsel for the petitioner,
learned Additional SPP for respondent - State and learned
counsel for respondent No.2. Learned counsel for
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respondent No.2 submits that respondent No.2 has no
objection for grant of bail to the petitioner.
3. Learned counsel for petitioner would contend that
there was a love affair between petitioner and the victim
girl. The victim girl's statement has been recorded under
Section 183 of BNSS wherein she has not made any
allegation against the petitioner of having sexual
intercourse on her. The victim girl has stated that she will
marry the petitioner after she attaining the age of 18
years. 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 Addl.SPP would contend that
the age of the victim is 15 years. The petitioner enticed
the victim girl and married her against her will and had
sexual intercourse with her for few days. The offence
alleged against the petitioner is provided with punishment
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of imprisonment which may extend to 20 years. With this,
he prayed to reject the petition.
5. Having heard the learned counsel, the Court has
perused the charge sheet and other materials placed on
record.
6. The case of the prosecution is that the petitioner
was insisting CW.2 to love him. As the victim has not
agreed for the same, he enticed her and took her to Tamil
Nadu, tied Tali to her in a temple and committed sexual
intercourse between 04.05.2025 till 15.05.2025. The
statement of the victim girl has been recorded under
Section 183 of BNSS. The victim girl has not made any
allegation of sexual intercourse by the petitioner on her.
She has stated that she voluntarily went along with the
petitioner and she asked him to tie Tali to her. She has
further stated that she will marry petitioner after she
attaining 18 years of age. The victim is aged 15 years and
she is knowing the consequences of her acts. The
petitioner is in judicial custody since 19.05.2025 and as
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the charge sheet is filed, he is not required for further
custodial interrogation. There are 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, the following:
ORDER
The petition is allowed. The petitioner is granted bail
in Spl.C.(POCSO)No.58/2025 pending on the file of
Additional District and Sessions Judge, FTSC-1(POCSO),
Kolar, subject to following conditions:
(i) Petitioner 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 jurisdictional Court.
(ii) Petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
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(iii) Petitioner shall attend the trial Court on
all dates of hearing exempted and co-
operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 7
Ct.sm
