Chandrashekar @ Chandra Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.204/2025 OF MULBAGAL POLICE STATION, KOLAR DISTRICT, FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2), 351(2) OF BNS AND SEC 4 OF POCSO ACT 2012 WHICH IS PENDING IN SPECIAL CASE (POCSO)NO.103/2025, ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR.THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO),KOLAR HAS DISMISSED THE BAIL PETITION ON 25.11.2025 IN SPL.C.(POCSO) No.103/2025.

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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 483 of BNSS praying to grant bail in Crime No.204/2025 of Mulbagal Rural Police Station registered for offences punishable under Sections 137(2), 64(2), 351(2) of BNS and Section 4 of Protection of Children from Sexual Offences Act, 2012 (herein after referred to as ‘POCSO Act’ for brevity) pending in Special Case (POCSO)

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NC: 2026:KHC:9992 CRL.P No. 16823 of 2025

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HC-KAR

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No.103/2025 on the file of Additional District and Sessions

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Judge, FTSC-I (POCSO), Kolar.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for respondent No.1 –State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

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Learned counsel for the petitioner would contend that the complaint has been filed by the mother of the victim on 14.08.2025 and there is no allegation of any sexual intercourse by the petitioner on the victim girl. The FIR has been registered for offence under Section 11 of the POCSO Act. The doctor who examined the victim girl has not given any opinion with regard to sexual intercourse. The petitioner is neighbour of the victim and there were quarrels between petitioner and family of victim and therefore, false complaint has been filed. The petitioner is married man having wife and two children. As the charge sheet is filed, the petitioner is not required for

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NC: 2026:KHC:9992 CRL.P No. 16823 of 2025

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HC-KAR

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further custodial interrogation. With this, he prayed to allow the petition.

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Per contra , learned High Court Government Pleader for respondent No.1 –State would contend that victim girl date of birth is 19.12.2009 and she was aged 15 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 this petitioner having forciable sexual intercourse on her by threatening her. The FSL report indicates that the underwear of the victim girl is found containing seminal stains. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition.

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

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5 - NC: 2026:KHC:9992 CRL.P No. 16823 of 2025

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HC-KAR

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As per charge sheet, the case of the

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prosecution is that the victim girl and the petitioner are the residents of the same village. On 13.08.2025, when victim girl in order to go to her grandmother's house, she was waiting for the bus. At that time, the petitioner came

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on two wheeler and told her that he will give drop and persuaded her and she went along with him on his motorcycle. After some distance, he took the victim girl in land and told her that he is loving her and asked her to hug and kiss her. He held victim girl tightly, kissed her and after removing her clothes, had sexual intercourse with her and thereafter, threatened her to come for every 10 days. The date of birth of the victim girl as per her school records is 19.12.2009 and she was aged about 15 years 08 months as on the date of alleged offence. The statement of the victim girl has been recorded under Section 183 of the BNSS, wherein she has specifically stated the acts of this petitioner committing forcible sexual intercourse on her. The victim girl has been examined and

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6 - NC: 2026:KHC:9992 CRL.P No. 16823 of 2025

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HC-KAR

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the doctor has noted that her hymen is ruptured. The FSL

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report indicates that the underwear of the victim girl is found to containing seminal stains. The petitioner is married man having wife and children. The petitioner, in order to satisfy his lust has committed forcible sexual intercourse with the victim girl. Considering the above aspects, there is prima case against the petitioner for offences alleged against him. Considering the above aspects, the petitioner has not made out any grounds for grant of bail.

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7. In the result, the petition is d ismissed.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP List No.: 1 Sl No.: 34 Ct.sm

Chandrashekar @ Chandra v. State of Karnataka

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Chandrashekar @ Chandra v. State of Karnataka

Case brief

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