Vijaya L M Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C No.198/2025 PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-I (POCSO) AT SHIVAMOGGA IN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 75(1)(i), 78(1)(i), 64(1), 64(2)(m) OF BNS AND THE OFFENCES PUNISHABLE UNDER SECTIONS 6 OF POCSO ACT REGISTERED BY THE RESPONDENT PAPER TOWN PS, SHIVAMOGGA.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Spl.C.198/2025 (arising out of Crime No.44/2025 of Paper

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Town Police Station, Shimoga) pending on the file of Additional District and Sessions Judge, FTSC-I(POCSO), Shimoga, registered for offences under Section 75(1)(i), 78(1)(i), 64(1), 64(2)(m) of BNS and Section 6 of POCSO Act.

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Heard learned counsel for the petitioner and

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learned Additional SPP for respondent No.1. Respondent No.2 and her daughter, victim girl are present.

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NC: 2025:KHC:53163 CRL.P No. 14840 of 2025

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HC-KAR

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Learned counsel for petitioner files a memo along with affidavit of one Amuda, W/o Rajendra, the maternal aunt of the petitioner.

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Learned counsel for petitioner would contend that the petitioner is in judicial custody since 06.05.2025 and as the charge sheet is filed, the petitioner is not required for custodial interrogation. The statement of the victim has already been recorded. The DNA test of the fetus indicates that the petitioner is the biological father of the fetus and the victim is biological mother. He further submits that the petitioner is ready to marry the victim girl after she attaining 18 years of age. In that regard the maternal aunt of the petitioner has filed affidavit. With this, he prayed to allow the petition.

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Per contra , learned Additional SPP would contend that the statement of the victim girl recorded by the police and the statement recorded under Section 183 of BNSS clearly indicates the acts of the petitioner having forcible sexual intercourse on the victim girl. The victim girl has

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4 - NC: 2025:KHC:53163 CRL.P No. 14840 of 2025

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HC-KAR

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stated that she is having love affair with the petitioner. The DNA test of the fetus indicates that the petitioner is the biological father and victim is biological mother of the fetus. She further submits that respondent No.2 and victim girl are ready for the proposal of the petitioner for his marriage with the victim girl after she attains the majority.

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Respondent No.2 and victim girl are present today. They are ready for proposal of petitioner for his marriage with the victim girl after she attaining the majority. They submit that consequence of non keeping of the said promise has to be stated in the order.

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Having heard the learned counsels, the Court has

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perused the charge sheet and other materials placed on record.

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The date of birth of the victim girl as per her school records is 15.05.2008 and she was aged 16 years 11 months as on the date of alleged incident. The

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5 - NC: 2025:KHC:53163 CRL.P No. 14840 of 2025

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HC-KAR

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statement of the victim girl recorded under Section 183 of BNSS clearly indicates the act of forcible sexual intercourse of this petitioner on the victim girl. Due to the act of the petitioner, the victim girl became pregnant and she was aborted. The fetus and the blood samples of the petitioner and the victim were sent for DNA test. The DNA test report indicates that the petitioner is biological father and victim is biological mother of the fetus. Learned counsel for the petitioner submits that the petitioner is ready to marry the victim girl after she attaining majority and in that regard he is ready to file affidavit before the trial Court within one week of he releasing on bail. Counsel for petitioner further submits that the mother of the petitioner due to her old age is not able to appear before the Court and the maternal aunt of the petitioner is present and she has filed affidavit. In the said affidavit, it is stated that the petitioner is ready to marry the victim girl after victim attaining the age of majority. The maternal aunt also has undertaken that she will perform

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6 - NC: 2025:KHC:53163 CRL.P No. 14840 of 2025

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HC-KAR

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the marriage of petitioner with the victim girl after she attains majority. The petitioner has undertaken to appear before the trial Court on all dates of hearing.

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Considering the above aspects, the petitioner has

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made out case for grant of bail with conditions. In the result, the following:

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ORDER

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The petition is allowed. The petitioner is granted bail in Spl.C.198/2025 (arising out of Crime No.44/2025 of Paper Town Police Station, Shimoga) pending on the file of Additional District and Sessions Judge, FTSC-I(POCSO), Shimoga, subject to following conditions:

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(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- for the like sum to the satisfaction of the trial Court.

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(ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly

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7 - NC: 2025:KHC:53163 CRL.P No. 14840 of 2025

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HC-KAR

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(iii) Petitioner shall attend the trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case.

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(iv) Petitioner shall file affidavit undertaking to marry victim within one month of victim girl attaining majority. The said affidavit has to be filed within seven days from the date of release of the petitioner on bail.

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(v) If the petitioner fails to marry the victim girl on or before 15.06.2026 (i.e. after one month of victim attaining majority) the bail granted to petitioner shall stand cancelled and he has to surrender before the trial court immediately.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB List No.: 1 Sl No.: 3 Ct.sm

Vijaya L M v. State of Karnataka

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Vijaya L M v. State of Karnataka

Case brief

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