[Cites 7, Cited by 0]
Karnataka High Court
Mahesh vs State Of Karnataka By on 16 March, 2026
-1-
NC: 2026:KHC:15277
CRL.P No. 16895 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 16895 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
MAHESH
S/O. UJJAPPA YENLEKOPPA,
AGED ABOUT 22 YEARS,
R/AT TALLUR VADDAGERE VILLAGE,
POST ENNEKOPPA VILLAGE,
SORAB TALUK,
Digitally SHIVAMOGGA DISTRICT - 577 413
signed by
SREEDHARAN
BANGALORE
SUSHMA ...PETITIONER
LAKSHMI
Location: High (BY SRI. CHAKRAVARTHY T S.,ADVOCATE)
Court of
Karnataka AND:
1. STATE OF KARNATAKA BY
ANAVATTI POLICE STATION,
SHIVAMOGGA
-2-
NC: 2026:KHC:15277
CRL.P No. 16895 of 2025
HC-KAR
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE - 560 001
2. SMT. INDRAMMA,
W/O. NAGARAJAPPA,
AGED ABOUT 36 YEARS,
R/O. HURULI VILLAGE,
SORAB TALUK,
SHIVAMOGGA DISTRICT - 577 413
...RESPONDENTS
(BY SMT. ANITHA GIRISH N., HCGP FOR R.1
BY SRI. RAJU N E., ADVOCATE FOR R.2)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ALLOW THE
PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON
BAIL IN CR.NO.70/2025 IN ANAVATTI POLICE STATION,
SHIVAMOGGA AND NOW SPL.C.NO.284/2025 ON THE FILE OF
THE HON'BLE ADDL. DIST AND SESSIONS JUDGE, FTSC-I, AT
SHIVAMOGGA, FOR THE OFFENCES P/U/S 64(2)(m), 87,
127(2) OF BNS, 2023 AND SEC. 6 AND 17 OF POCSO ACT 2012
AND SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006
-3-
NC: 2026:KHC:15277
CRL.P No. 16895 of 2025
HC-KAR
OF SUCH TERMS AND CONDITIONS AS DEEMED FIT IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL ORDER
1. This petition is filed by the petitioner who is
arrayed as accused No.1 in Spl.C.No.284/2025 arising out
of Crime No.70/2025 pending on the file of the Addl.
District and Sessions Judge, FTSC-I at Shivamogga for the
offences punishable under Section 64(2)(m), 87, 127(2) of
Bharatiya Nyaya Sanhita (BNS), 2023 and Sec. 6 and 17 of
Protection of Children from Sexual Offences Act, (POCSO)
2012 and Sec. 9 of Prohibition of Child Marriage Act, 2006.
Factual matrix of the case:
2. The case of the prosecution is that the
complainant, Smt. Indramma lodges a complaint stating
that, she is having three children, out of which two are
NC: 2026:KHC:15277
HC-KAR
female and one is male. Her elder daughter is the victim in this
case. It is alleged that about six to seven months prior to the
date of incident, the petitioner herein used to call her daughter
and he was insisting her daughter to love him. It is further
alleged that he was threatening her that he would commit
murder of all the family members, if she was not willing to love
him. Despite warnings issued to the petitioner, he continued to
stalk the victim. On 01.04.2025, after having dinner, all the
family members went to sleep in the house. On the following
day, around 04:00 a.m., the complainant found that her
daughter was found missing. She immediately started
searching the whereabouts of her daughter, however she could
not get any information regarding the whereabouts of the
victim. Therefore, she lodges a complaint before the
respondent police seeking for conducting search of the
whereabouts of her daughter.
3. The respondent-police after registering the case,
conducted investigation. During investigation, they secured
the presence of the victim and arrested the accused. Further,
the statement of the victim has been recorded under Section
NC: 2026:KHC:15277
HC-KAR
164 of Cr.P.C. The statement would indicate that after the
victim and the petitioner had eloped from their respective
houses, they went to the house of Shekhar Gowda and started
residing in the said house. On 07.04.2025, it is stated that the
petitioner married her and on 12.04.2025, sexual assault had
been taken place. On 04.08.2025, she was diagnosed as
pregnant. Thereafter, she gave birth to a child. Now, the child
is of three months old. The respondent-police after completion
of investigation, submitted the charge sheet for the aforesaid
offences.
4. Heard Sri.Shreeraj S., learned counsel for Sri.
T.S.Chakravarthy, learned counsel for the petitioner and
Smt.Anitha Girish N, learned High Court Government Pleader
for respondent No.1 and Sri. Raju N.K., learned counsel for
respondent No.2.
5. It is the submission of learned counsel for the
petitioner that the petitioner is innocent of the alleged
offences, he has been falsely implicated in this case. he is
not aware about the actual age of the victim. In fact, he has
been misguided and misdirected that the victim had been
NC: 2026:KHC:15277
HC-KAR
completed 18 years. Hence, the petitioner went along with her
and married her and stayed along with her as husband in the
same house. After he coming to know the fact that the victim
was minor, he wanted to come back and leave her to her
parents house. In the meantime, he was arrested .
6. The petitioner is a permanent resident of Tallur
Vaddegere Village, Soraba Taluk. He will abide the conditions
imposed in the event of his release on bail. Therefore, he may
be enlarged bail by imposing suitable conditions. Makings
of submissions learned counsel for the petitioner prays to
allow the petition.
7. Learned counsel for respondent No.2 has filed
vakalath and submits that the petitioner may be enlarged
on bail in the interest of the victim and the child.
8. Per Contra, the learned High Court Government
Pleader respondent - State vehemently submitted to reject
the bail petition.
NC: 2026:KHC:15277
HC-KAR
9. Having heard learned counsel for the respective
parties and on perusal of the averments of the charge
sheet, it appears from the record that the victim is aged
about 18 years 2 months as on the date of she gave her
statement before the Magistrate and it is a submission of the
learned counsel for the respective parties that she gave birth
to a child. Now, the child is of 3 months and it appears that, it
requires care and caution, for the welfare of the child and the
victim, it is appropriate to grant him bail by imposing suitable
conditions
10. Hence I proceed to pass the following:
ORDER
i. This Criminal Petition is allowed.
ii. The petitioner is enlarged on bail in
Spl.C.No.284/2025 arising out of Crime No.70/2025
pending on the file of the Addl. District and Sessions
Judge, FTSC-I at Shivamogga on executing a personal
bond for a sum of Rs.1,00,000/- (Rupees One Lakh only)
NC: 2026:KHC:15277
HC-KAR
with one surety to the like sum of the satisfaction of the
Trial Court.
iii. The petitioner shall appear before the trial Court
on all hearing dates.
In case, if the petitioner violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of
bail.
Sd/-
(S RACHAIAH)
JUDGE
JS
List No.: 1 Sl No.: 11
