Chandrashekara Vs State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE ON BAIL, WHO IS ACCUSED IN (CR NO.17/2026) SPL. C-81/2026, FOR THE OFFENCES PUNISHABLE UNDER SEC. 64(2)(F), 64(2)(M) OF BNS AND FOR THE OFFENCE PUNISHABLE UNDER SECTION 6 OF POCSO ACT, 2012, THEREBY SHIKARIPURA RURAL POLICE, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, (FTSC-I), SHIVAMOGGA, IN RESPECT OF THE PETITIONERS.

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

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NC: 2026:KHC:38466 CRL.P No. 9967 of 2026

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HC-KAR

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CNR: KAHC010463852026

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Spl.C.No.81/2026 pending before the Court of Addl. District & Sessions Judge (FTSC-1), Shivamogga, arising out of Crime No.17/2026 registered by Shikaripura Police Station, Shivamogga District, for the offences punishable under Sections 64(2)(f), 64(2)(m) of BNS, 2023 and Section 6 of the POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.17/2026 was registered by Shikaripura Police Station, Shivamogga District, for the aforesaid offences against the petitioner herein based on the first information dated 18.01.2026 received from the victim girl aged 17 years 7 months as on the date of registration of FIR. In the said case, petitioner was arrested on 19.01.2026 and remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in the Spl.C.No.81/2026 was

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HC-KAR

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NC: 2026:KHC:38466 CRL.P No. 9967 of 2026

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CNR: KAHC010463852026

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rejected on 25.04.2026. Therefore, petitioner is before this Court.

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Perusal of the material on record would go to show that petitioner and the victim girl are in love for the last three years and as a result of consensual sex between them, the victim girl had conceived. Therefore, she had gone along with her mother

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for her medical checkup and the doctors after medically examining her had referred her to the police station and it is under these circumstances, FIR was registered against the petitioner.

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In the statement of the victim girl recorded under Section 183 of BNSS, 2023, before the jurisdictional Magistrate, the victim girl has stated that she is studying in first year PUC and she is in love with the petitioner for the last 5 to 6 years. She has also stated that as a result of the consensual sex, she had conceived and thereafter when she went to the hospital after finding that she was pregnant, she was sent to santhvana Kendra, and thereafter police complaint was filed. The victim girl aged 17 years 7 months as on the date of registration of

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4 - NC: 2026:KHC:38466 CRL.P No. 9967 of 2026

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HC-KAR

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CNR: KAHC010463852026

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the FIR, is now said to be a major. Petitioner aged 24 years is in custody from 19.01.2026. Considering the statement of the victim girl under Section 183 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C.No.81/2026 pending before the Court of Addl. District & Sessions Judge (FTSC-1), Shivamogga, arising out of Crime No.17/2026 registered by Shikaripura Police Station, Shivamogga District, for the offences punishable under Sections 64(2)(f), 64(2)(m) of BNS, 2023 and Section 6 of the POCSO Act, 2012, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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HC-KAR

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NC: 2026:KHC:38466 CRL.P No. 9967 of 2026

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CNR: KAHC010463852026

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/-

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(S VISHWAJITH SHETTY)

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JUDGE

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KK

Chandrashekara v. State of Karnataka

Case brief

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Chandrashekara v. State of Karnataka

Case brief

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