Rajashekar Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CR.NO.157/2025 REGISTERED AT AMRUTHAHALLY P.S. PENDING BEFORE THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (FTSC-IV) PENDING ON THE FILE OF SPL.C.C.NO.2307/2025 FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 64(2)(m) AND 137(2) OF THE BNS 2023 AND SEC.5(L),6 OF POCSO ACT 2012 AT ANNEXURE-A.

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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 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.157/2025 of Amruthally Police Station registered for the offences punishable under Sections 64(2)(m) and 137(2) of Bharatiya Nyaya Sanhita, 2023 and Section 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 pending in Spl.CC No.2307/2025 on the file of the learned Additional City Civil and Sessions Judge, (FTSC IV) at Bangalore.

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3 - NC: 2026:KHC:4903 CRL.P No. 17598 of 2025

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HC-KAR

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Heard the learned counsel for petitioner and the

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learned High Court Government Pleader for

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respondent/State.

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The respondent No.2, in spite of service of notice, remained absent and unrepresented.

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The learned counsel for petitioner would contend that the victim girl is aged 17 years and she had love affair with the petitioner. The victim girl has not stated any act of sexual intercourse by this petitioner on her in her statement recorded under Section 183 of BNSS. The petitioner is in judicial custody since 17.08.2025 and as a charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

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Per contra, the learned High Court Government

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Pleader would contend that the victim girl is aged 17 years. The petitioner enticed the victim, took her to a

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NC: 2026:KHC:4903 CRL.P No. 17598 of 2025

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HC-KAR

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shed, confined her there for nearly two months, and had sexual intercourse with her. The charge sheet shows a prima facie case against the petitioner for the offences alleged against him. With this, he prayed to reject the petition.

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Having heard the learned counsels, the Court

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has perused the charge sheet and other materials placed on record.

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The age of the victim girl as per prosecution

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case is 17 years as on the date of the alleged offence. The statement of the victim girl has been recorded by the police and also under Section 183 of BNSS. In both the statements, the victim girl has stated that she is having love affair with the petitioner. In her statement recorded under Section 183 of BNSS, the victim girl has not alleged

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any sexual intercourse by this petitioner on her. She has further stated that she has not been kidnapped. The victim girl is of the age of understanding the consequences of her

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NC: 2026:KHC:4903 CRL.P No. 17598 of 2025

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HC-KAR

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act. The petitioner is in judicial custody since 17.08.2025.

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As the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner.

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8. Considering the above aspects, the petitioner

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has made out a case for grant of bail with conditions:

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In the result the following:

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ORDER:

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i) The petition is allowed.

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ii) The petitioner is granted bail in Special CC No.2307/2025 pending on the file of learned Additional

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City Civil and Sessions Judge, (FTSC IV) at Bangalore (Crime No.157/2025 of Amruthahally Police Station) registered for the offences punishable under Sections 64(2)(m) and 137(2) of Bharatiya Nyaya Sanhita, 2023 and Section 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 subject to following conditions.

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