- 1 - NC: 2025:KHC:8761 CRL.P No. 340 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 340 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: KESHAVA M, S/O ELLYANNA GOWDA, AGED ABOUT 35 YEARS, R/AT NO.3-110, MADMETHIMAAR HOUSE, HIREBANDADI VILLAGE, PUTTUR TAULK, D.K.DISTRICT - 574 201. …PETITIONER (BY SRI. MOHAMMED KALEEM, ADVOCATE FOR SRI. LETHIF B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY UPPINANGADI POLICE STATION, D.K. DISTRICT, REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SHEKHARA GOWDA, S/O VENKAPPA GOWDA, AGED ABOUT 45 YEARS, R/AT PERIYADAK, NEKKARE HOUSE, UPPINANGADY, KASABA VILLAGE, PUTTUR TALUK, D.K. DISTRICT - 574 241. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; SRI. SHOWRI H.R, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8761 CRL.P No. 340 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.142/2021 (SPL.C.NO.5004/2022) OF UPPINANGADY P.S. D.K DISTRICT FOR THE OFFENCE P/U/S 376(2)(f), 376(2)(n), 506 OF IPC AND SEC.5, 6 OF POCSO ACT PENDING ON THE FILE OF V ADDL. DISTRICT AND SESSIONS JUDGE SITTING AT PUTTUR D.K DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional State Public Prosecutor for the State and the learned counsel appearing for the de-facto complainant. Perused the material on record. 2. Learned counsel appearing for the de-facto complainant has filed statement of objections. 3. Petitioner is arraigned as accused No.1. This petition is preferred praying to enlarge the petitioner on bail in Crime No.142/2021 of Uppinangadi Police Station, Dakshina Kannada. - 3 - NC: 2025:KHC:8761 CRL.P No. 340 of 2025 4. Charge sheet is filed against the petitioner and another accused for the offence punishable under Section 376 (2)(f) (i) (n), 506 of IPC and Section 5 (J) (ii) (L) read with Section 6 of POCSO Act, 2012. 5. It is alleged that petitioner has committed penetrative sexual assault on a minor girl aged about 15 years, consequent to which, she became pregnant and delivered a female child. 6. Criminal Petition No.3307/2022 preferred by the petitioner was permitted to be withdrawn, with liberty to approach this Court after receipt of the DNA report. 7. The learned Additional SPP would submit that the DNA report has been received, as per which the petitioner is the biological father of the child born to the victim. 8. I have perused the DNA report which states that, the sample blood drawn from the petitioner is included from being the biological father of the baby. As - 4 - NC: 2025:KHC:8761 CRL.P No. 340 of 2025 per school records, the date of birth of the victim is 02.10.2006. Hence, at this stage, there are materials to show that the victim was a minor as on the date of commission of the offence. There is a prima facie case against the petitioner. Offence committed is heinous in nature. Petitioner trying to influence the prosecution witnesses is not ruled out, if released on bail. Hence, this is not a fit case to enlarge him on bail. 9. Petition is accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 48 CT: BHK