[Cites 3, Cited by 0]
Karnataka High Court
Sri Abhi vs The State Of Karnataka on 31 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5555
CRL.P No. 16504 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16504 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. SRI ABHI
S/O NARAYANAPPA
AGED ABOUT 21 YEARS
R/AT SHIVAJINAGAR, SIRA
SIRA TALUK 572 17
DISTRICT TUMAKURU
...PETITIONER
(BY SRI. NAIK RAMACHANDRA RAMA.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SIRA POLICE,
REP. BY SPP, HIGH COURT BUILDING
Digitally signed by AMBEDKAR VEEDI,
LAKSHMINARAYANA
MURTHY RAJASHRI BANGALORE - 01.
Location: HIGH
COURT OF
KARNATAKA
2. SMT. NAGAMMA
W/O RAMU
AGED ABOUT 36 YEARS
R/AT SHIRADADU VILLAGE,
KALLAMBELLA, SIRA TALUK,
TUMAKUR DISTRICT - 572137
NOW RESIDING AT SHIVAJINAGAR, SIRA TOWN,
SIRA TUMAKURU DISTRICT.
...RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FOR R1,
SMT.VANITHA U.M, ADVOCATE FOR R2)
-2-
NC: 2026:KHC:5555
CRL.P No. 16504 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO GRANT THE REGULAR BAIL IN
CR.NO.396/2025 (SPL.C.548/2025) REGISTERED BY THE SIRA
POLICE, SIRA TALUK, TUMKUR DISTRICT FOR THE OFFENCE
PUNISHABLE UNDER SECTION 4 OF PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES ACT. 2012 (POCSO) AND
SECTIONS 65(1) AND 351(2) BNS 2023, ON THE FILE OF
ADDTIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1
TUMAKURU.
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 Bharatiya Nagarik Suraksha Sanhita,
2023 praying to grant bail in Special Case No.548/2025
(Crime No.396/2025 of Sira Police Station) registered for
the offences punishable under Section 4 of Protection of
Children from Sexual Offences Act, 2012 and Sections
65(1) and 351(2) of Bharatiya Nyaya Sanhita, 2023
pending on the file of the learned Additional District and
Sessions Judge, FTSC-1, Tumakuru.
2. Heard the learned counsel for petitioner and the
learned High Court Government Pleader for the respondent
NC: 2026:KHC:5555
HC-KAR
No.1/State and the learned counsel for the respondent
No.2.
3. The learned counsel for petitioner would
contend that the statement of victim girl has been
recorded by the police and also by the learned Magistrate
under Section 183 of BNSS. The victim girl has also been
medically examined, and the statements of the witnesses
have been recorded. The petitioner is in judicial custody
since 14.08.2025 and as a charge sheet is filed, he is not
required for custodial interrogation. With this, he prayed to
allow the petition.
4. Per contra, the learned High Court Government
Pleader would contend that the victim girl has specifically
stated the acts of this petitioner, taking her to his house
and forcibly having sexual intercourse on her. The victim
girl has also given the same history before the doctor at
the time of her examination. The charge sheet materials
show a prima facie case against the petitioner for the
NC: 2026:KHC:5555
HC-KAR
offence alleged against him. The offence alleged against
the petitioner is provided with punishment of
imprisonment which may extend to twenty years. With
this, he prayed to reject the petition.
5. The learned counsel for respondent No.2 would
contend that the victim girl is aged 16 years, is studying in
SSLC, and is required to appear for the examination during
February and March, 2026. If the petitioner is granted
bail, there is a threat to the victim girl. With this, she
prayed to reject the petition.
6. Having heard the learned counsel, the Court
has perused the charge sheet and other materials placed
on record.
7. The case of the prosecution, as per the charge
sheet, is that on 13.08.2025 at about 8.30 a.m., the
petitioner called the victim girl to his house for lighting the
gas, and she went there and the petitioner bolted his
house, took her to bed room, and had sexual intercourse
NC: 2026:KHC:5555
HC-KAR
after removing her school uniform, even in spite of her
screaming, and the petitioner gave her life threat not to
disclose the said incident. The victim girl is aged 16 years
as on the date of alleged offence. The statement of the
victim girl has been recorded under Section 183 of BNSS,
wherein she has specifically stated the acts of the
petitioner having forcible sexual intercourse on her. The
medical officer who examined the victim girl has recorded
that her hymen was torn. The charge sheet materials show
a prima case against the petitioner for the offence alleged
against him. The offence alleged against him is provided
with punishment which may extend to twenty years. If the
petitioner is granted bail, there are chances of this
petitioner threatening the victim girl and other prosecution
witnesses.
8. Considering the above aspects, the petitioner
has not made out any grounds for grant of bail.
NC: 2026:KHC:5555
HC-KAR
In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
bkm
List No.: 1 Sl No.: 20
