Dismissed¶54

B Kumar v. State of Karnataka

Karnataka HC31 Oct 2025CRL.P/13747/2025

Case brief

AI extract

What is this about?

Keywords: regular bail; Section 439 Cr.PC; Section 483 BNSS; POCSO Act 2012 Sections 4(1), 5(I), 6; Section 137(2) BNS Act 2023; Section 183 BNSS statement; false promise of marriage; threat of suicide; victim's minority proved by school records (DOB 10.06.2009); age discrepancy contentions; charge sheet filed; accused already married with female child; Special Case No.613/2025; Crime No.103/2025; Bengaluru District Women Police Station; Addl. District and Sessions Judge FTSC-1 Bengaluru Rural; bail dismissed; High Court of Karnataka; Shivashankar Amarannavar J.; 31.10.2025; NC: 2025:KHC:43901.

What did the court decide?

The statement of the victim recorded under Section 183 of BNSS indicates the alleged acts of the petitioner having sexual intercourse with the victim girl. ¶50

B Kumar Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶54

Issue for consideration

Whether the petitioner/accused is entitled to be released on bail under Section 439 Cr.PC (filed under Section 483 BNSS) in Special Case No.613/2025 arising out of Crime No.103/2025 of Bengaluru District Women Police Station, registered for offences punishable under Sections 4(1), 5(I) and 6 of the POCSO Act 2012 and Section 137(2) of the BNS Act 2023.

¶26

Court's answer

The statement of the victim recorded under Section 183 of BNSS indicates the alleged acts of the petitioner having sexual intercourse with the victim girl.

¶50

Ratio / Principle

The school records of the victim girl fix her date of birth as 10.06.2009, notwithstanding the petitioner's contention that her age was stated differently in different documents.

¶50

Key takeaways

Considering that the petitioner, though a married man with wife and a female child, made a false promise of marriage to the victim, threatened to commit suicide and used her, and had sexual intercourse with her during four days spent at the house of one Deepthi, the petitioner is not entitled for grant of bail.ratio¶50

Detailed headnote1 paragraphs

Bail refused – POCSO/BNS (Karnataka HC, Shivashankar Amarannavar J., 31.10.2025): Regular bail petition under Section 439 Cr.PC (filed under Section 483 BNSS) by the sole accused in Special Case No.613/2025 (Crime No.103/2025) of Bengaluru District Women Police Station, for offences punishable under Sections 4(1), 5(I) and 6 of the POCSO Act 2012 and Section 137(2) of the BNS Act 2023, pending before the Addl. District and Sessions Judge FTSC-1, Bengaluru Rural District, DISMISSED. The accused (cause title: aged about 22 years; argued as 23 years) was alleged to have contacted the victim while suppressing his own marriage and fatherhood, forced/threatened her to accompany him (threatening suicide), taken her to the house of one Deepthi in Suratkallu where he stayed four days and had sexual intercourse with her on a false promise of marriage. Although counsel urged conflicting statements of the victim's age (15 yrs 3 months in the missing complaint; 16 yrs, DOB 17.01.2009, in her statement; 18 yrs 6 months as told to Deepthi) and that the charge sheet obviated custodial interrogation, the Court held that the victim's school records fixed her date of birth as 10.06.2009 and that her statement under Section 183 BNSS indicated the alleged acts of sexual intercourse; considering these aspects, the accused was 'not entitled for grant of bail'. No precedent was cited or discussed.

¶1

NC: 2025:KHC:43901 CRL.P No. 13747 of 2025

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 31^ST DAY OF OCTOBER, 2025

¶6

BEFORE

¶7

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13747 OF 2025 (439(Cr.PC) / 483(BNSS))

¶8

BETWEEN:

¶9

B KUMAR

¶10

S/O. B. KULAYAPPA @ B. KULLAYAPPA AGED ABOUT 22 YEARS RESIDING AT R.L. KOTTUR VILLAGE RODDAM MANDALA, PUTTAPARTHI TALUK SRI SATHYASAI DISTRICT ANDHRA PRADESH - 515 123.

¶11

PRESENTLY RESIDING AT: N.E.S. OFFICE, YELAHANKA NEW TOWN BENGALURU CITY – 560 064.

¶12

…PETITIONER

¶13

(BY SRI. G NARASI REDDY, ADVOCATE)

¶14

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

¶15

AND:

¶16

STATE OF KARNATAKA BY BENGALURU DISTRICT WOMEN P.S., REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. BENGALURU – 560 001.

¶17

RAMESH K

¶18

S/O. LATE RAMANNA AGED ABOUT 38 YEARS

¶19

R/AT KARENAHALLI VILLAGE

¶20

¶21

NC: 2025:KHC:43901 CRL.P No. 13747 of 2025

¶22

HC-KAR

¶23

KASABA HOBLI, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT- 561203.

¶24

…RESPONDENTS

¶25

(BY SMT. B PUSHPALATHA, ADDL. SPP)

¶26

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL,IN SPL.CASE No.613/2025 (CR.No.103/2025) OF BENGALURU DISTRICT WOMEN P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 4(1),5(I),6 OF POCSO ACT 2012 AND SEC.137(2) OF THE BNS ACT 2023, ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE FTSC-1 BENGALURU RURAL DISTRICT BENGALURU.

¶27

THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶28

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶29

ORAL ORDER

¶30

This petition is filed by the petitioner –accused under Section 483 of BNSS praying to grant bail in Special Case No.613/2025 arising out of Crime No.103/2025 of Bengaluru District Women Police Station registered for offences punishable under Sections 4(1), 5(I) and 6 of the Protection of Children form Sexual Offences Act, 2012 and Section 137(2) of BNS pending on the file of Additional

¶31

¶32

NC: 2025:KHC:43901 CRL.P No. 13747 of 2025

¶33

HC-KAR

¶34

District and Session Judge, Bengaluru Rural District, Bengaluru.

¶35

Heard learned counsel for the petitioner and

¶36

learned Additional SPP for respondent No.1 -State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

¶37

Learned counsel for the petitioner would contend that the age of the victim has been stated differently at different documents i.e. in missing complaint her age is stated as 15 years 03 months, in her statement as 16 years with date of birth as 17.01.2009. The victim has stated to one Deepthi in whose house alleged incident has taken place her age as 18 years 06 months. The victim herself had made several phone calls to the petitioner with different phone numbers and threatened she will commit suicide if he doesn't come along with her.

¶38

The petitioner is aged 23 years. He is having old aged parents and he is the only earning member in the family. As the charge sheet is filed, the petitioner is not required

¶39

4 - NC: 2025:KHC:43901 CRL.P No. 13747 of 2025

¶40

HC-KAR

¶41

for custodial interrogation. With this he prayed to allow the petition.

¶42

Per contra learned Additional SPP for the

¶43

respondent –State would contend that the date of birth of the victim girl as per her school records and transfer certificate is 10.06.2009. The statement of the victim girl recorded by the police and recorded by the judicial magistrate under Section 183 of BNSS indicates the acts of this petitioner having sexual intercourse with her. The petitioner is a married man having a wife and a daughter, in spite of that he made a false promise of marriage to the victim girl and had sexual intercourse with her. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With these, she prayed to dismiss the petition.

¶44

Having heard learned counsels, this Court has

¶45

perused the charge sheet and other material placed on record.

¶46

5 - NC: 2025:KHC:43901 CRL.P No. 13747 of 2025

¶47

HC-KAR

¶48

The petitioner is already married and having

¶49

wife and a female child. The petitioner suppressing the same had contacted the victim girl stating that she is liking and loving her. It is alleged that the petitioner forced her to come with him, otherwise he will commit suicide.

¶50

The petitioner took the victim girl to the house of one Deepthi in Suratkallu and stayed there for 4 days and had sexual intercourse with her, stating that if she becomes pregnant, her family members will not refuse for her to marriage with him. The statement of the victim recorded under Section 183 of BNSS indicates the alleged acts of the petitioner having sexual intercourse with the victim girl. The school records of the victim girl indicate that her date of birth is 10.06.2009. The petitioner, inspite of he being a married man, having wife and a child had made a false promise of marriage to the victim and threatened her that he will commit suicide and used her. Considering the above aspects, the petitioner is not entitled for grant of bail.

¶51

NC: 2025:KHC:43901 CRL.P No. 13747 of 2025

¶52

¶53

HC-KAR

¶54

In the result, the petition is dismissed.

¶55

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

¶56

DSP List No.: 1 Sl No.: 19 Ct.sm