Sri Sampath Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN THEIR CR.No.355/2025 AND DIRECT THE STATION HOUSE OFFICER OF THE ATTIBELE P.S., ANEKAL SUBDIVISION, BENGALURU DISTRICT, FOR THE OFFENCE P/U/S 6 OF POCSO ACT, UNDER SECTION 64(1) OF BNS, 2023.

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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

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Section 482 of BNSS praying to grant anticipatory bail in Crime No.355/2025 of Attibele Police Station, registered

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for offence under Section 6 of POCSO Act and Section

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64(1) of BNS.

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Heard learned counsel for the petitioner and learned HCGP for respondent No.1/State. Respondent No.2 is present along with her husband and victim girl.

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Respondent No.2 submits no objection for grant

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of anticipatory bail to the petitioner. The husband of Respondent No.2 submits that Respondent No. 2 is not

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3 - NC: 2026:KHC:2041 CRL.P No. 16484 of 2025

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HC-KAR

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aware of filing of the complaint and they have not filed any complaint against the petitioner. He further submits that they will perform the marriage of the victim girl with the petitioner after she attains the age of majority. He further submits that petitioner is the son of his sister and they are

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close relatives.

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Learned counsel for petitioner would contend that the petitioner is not denying the alleged incident. There is a close relationship between petitioner and the victim girl. The petitioner is the son of the paternal aunt of the victim girl. The parents of the petitioner are ready for marriage of petitioner with victim girl after victim attains the age of majority. The petitioner is ready to co-operate with the police in investigation and abide by any conditions to be imposed by this Court.

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Learned counsel for the petitioner submits that the Hon9ble Apex Court in the case of Anash vs. State of NCT of Delhi and another (SLP (CRL.)

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4 -

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NC: 2026:KHC:2041 CRL.P No. 16484 of 2025

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HC-KAR

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NO.7576/2025) has granted anticipatory bail to the petitioner who is alleged of the offence under Section 64(2)(m) of BNS and Section 6 of the POCSO Act. With this, he prayed to allow the petition.

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Per contra , learned HCGP would contend that the

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offence alleged against the petitioner is a heinous offence punishable with imprisonment which may extend to 20 years. The victim girl is aged 16 years as on the date of alleged offence. The petitioner is required for custodial interrogation. With this, he prayed to reject the petition.

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Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

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The averments of the complaint indicate that the petitioner is the sister9s son of victim girl9s father. The victim girl resided in the house of the petitioner for a period of 20 days. It is alleged that the petitioner had sexual intercourse on the victim girl and as a result, she

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5 - NC: 2026:KHC:2041 CRL.P No. 16484 of 2025

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HC-KAR

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became pregnant. It is submitted that the pregnancy has been terminated. The petitioner is not disputing his act of sexual intercourse with the victim girl. The parents of the petitioner and the parents of the victim girl both submit that they will perform the marriage of the victim girl with

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the petitioner after she attaining the age of majority. The petitioner has undertaken to co-operate with the police in investigation and abide by the terms and conditions to be imposed by this Court. The Hon'ble Apex Court in Anash's

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case supra has granted anticipatory bail to the accused person who is accused of Section 6 of the POCSO Act.

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Considering the above aspects, the petitioner has

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

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ORDER

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The petition is allowed. The petitioner is ordered to

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be released on bail, in the event of his arrest, in Crime No.355/2025 of Attibele Police Station, subject to following conditions:

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6 -

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NC: 2026:KHC:2041 CRL.P No. 16484 of 2025

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HC-KAR

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The petitioner shall voluntarily appear before the IO within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety to the satisfaction of IO.

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The petitioner shall appear before IO whenever called for and co-operate with the police in the investigation.

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The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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The petitioner shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case, in the case of charge sheet is being filed against him.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 2 Sl No.: 11

Sri Sampath v. the State of Karnataka

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Sri Sampath v. the State of Karnataka

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