Karnataka High Court
Chandrashekhar vs State Of Karnataka on 15 September, 2025
-1-
NC: 2025:KHC-K:5449
CRL.P No. 200918 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE M.G. UMA
CRIMINAL PETITION NO.200918 OF 2025
(439(Cr.PC)/483(BNSS))
BETWEEN:
CHANDRASHEKAR S/O YALLAPPA,
AGE: 43 YEARS, OCC: LABOUR,
R/O. RAMARAHIM COLONY, HUTTI,
TQ. LINGASUGUR,
DIST. RAICHUR.
...PETITIONER
(BY SRI S.G. MATH, ADVOCATE)
AND:
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH
1. STATE OF KARNATAKA,
COURT OF THROUGH HUTTI P.S.,
KARNATAKA
TQ. LINGASUGUR,
DIST. RAICHUR,
REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COUORT OF KARNATAKA,
KALABURAGI BENCH-585 103.
2. ANNAPURNA W/O BASAVARAJU,
AGE: 37 YEARS OCC: TEACHER,
-2-
NC: 2025:KHC-K:5449
CRL.P No. 200918 of 2025
HC-KAR
R/O. HUTTI, TQ. LINGASUGUR,
DIST. RAICHUR - 584122
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP, FOR R1;
R2 - SERVED)
THIS CRL.P. IS FILED UNDER SECTION 439 OF
CR.P.C.(OLD)/483 OF BNSS(NEW), PRAYING TO ALLOW
THIS PETITION AND RELEASE THE PETITIONER ON BAIL
IN SPL.CASE NO.5034/2025, PENDING BEFORE THE III
ADDL. DISTRICT AND SESSIONS JUDGE, RAICHUR,
SITTING AT SINDHANUR, IN CRIME NO.30/2025 OF HUTTI
P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION
OF 137 (2) AND 65(2) OF BNSS AND SECTION 4 OF
POCSO.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M.G. UMA
ORAL ORDER
(PER: HON'BLE MRS JUSTICE M.G. UMA) The petitioner being the accused in Spl. Case No.5034/2025 on the file of the learned III Additional District and Sessions Judge, Raichur, sitting at Sindhnoor, in Crime No.30/2025, registered for the offences punishable under Section 137(2) and 65(2) of Bharatiya Nyaya Sanhita, 2023, [for short 'BNS'] and Section 4 of -3- NC: 2025:KHC-K:5449 CRL.P No. 200918 of 2025 HC-KAR Protection of Children from Sexual Offences Act, 2012, [for short 'POCSO'], is seeking for grant of bail.
2. Heard Sri S.G. Math, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent-State. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsels for both the parties, the point that would arise for my consideration is:
"Whether the petitioner is entitled for grant of bail under Section 483 of BNSS, 2023?"
My answer to the above point is in the 'Negative' for the following:
REASONS
4. The Teacher of the School, in which, the victim girl, aged 11 years was studying, lodged the first information against the petitioner alleging commission of -4- NC: 2025:KHC-K:5449 CRL.P No. 200918 of 2025 HC-KAR the offence punishable under Sections 6 of POCSO and Sections 137(2) and 65(2) of BNS. The informant has stated that, on 10.02.2025 the accused had induced the victim girl by offering chocolate, took her to his house and latched it from inside. The persons, who have seen the accused taking the victim girl with him, informed her and the Police. Immediately, all of them have gone near the house of the accused and knocked the door. When the door was not opened by the accused, the same was break- opened and it is seen that, the accused was committing sexual assault on the victim girl. The victim girl was rescued and brought to the Police Station and as such, the informant lodged the first information.
5. Investigation is completed. Charge-sheet came to be filed for the above said offences while dropping the offence under Section 6 of the POCSO Act. My attention was drawn to the final opinion given by the Doctor, who examined the victim girl. According to which, there are -5- NC: 2025:KHC-K:5449 CRL.P No. 200918 of 2025 HC-KAR signs of physical abuse present, even though there is nothing to suggest forcible sexual assault.
6. It is noticed that, the victim was aged 11 years and the petitioner was 43 years at the time of commission of the offence. There are eyewitnesses to the incident. Thus, there are strong prima facie materials to constitute the offence. Considering the nature and seriousness of the offence, I am of the opinion that the petitioner is not entitled for grant of bail.
7. In view of the above, I answer the above point in the 'Negative' and proceed to pass the following:
ORDER The criminal petition is dismissed.
Sd/-
(M.G. UMA) JUDGE SBS List No.: 1 Sl No.: 10 CT:PK