- 1 - NC: 2025:KHC:12457 CRL.P No. 2984 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.2984 OF 2025 BETWEEN: VIJAYA KUMAR S/O. PUTTA BHOVI, AGED ABOUT 22 YEARS, R/O. SIDDEGOWDA CIRCLE, B. COLONY, KARAKUCCHI VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 573 228. …PETITIONER (BY SRI. CHIDAMBARA G S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE, RIPPONPETE POLICE STATION, RIPPONPETE, SHIVAMOGGA DISTRICT - 577 426. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. 2. XXXXXXXX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT V/O/D 25.03.2025) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12457 CRL.P No. 2984 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS), PRAYING TO GRANT BAIL TO THE PETITIONER IN RESPECT OF CRIME NO.45/2024 REGISTERED BY THE RESPONDENT NO.1 RIPPONPET POLICE STATION AND PENDING IN SPL.C.NO.179/2024 ON THE FILE OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376(2)(n), 376(2)(h), 376(3) OF IPC AND SECTIONS 6 AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Spl.C.No.179/2024 pending on the file of Addl. District and Sessions Judge, FTSC-I(POCSO) at Shivamogga, arising out of Crime No.45/2024, registered by Ripponpet Police Station, Shivamogga for the offences - 3 - NC: 2025:KHC:12457 CRL.P No. 2984 of 2025 punishable under Sections 376(2)(n), 376(2)(h), 376(3) of IPC and Sections 6 and 17 of the POCSO Act, is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail under Section 439 of Cr.P.C. 2. Heard learned counsel appearing for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent no.2 is served in the matter and has remained unrepresented before this Court. 3. FIR was registered in Crime No.45/2024 for the offences punishable under Sections 376(2)(n), 376(2)(h), 376(3) of IPC and Sections 6 and 17 of POCSO Act, against the petitioner and another, based on the first information dated 09.04.2024, received from respondent No.2 who is the victim girl aged about 15 years. 4. During the course of investigation of the case, petitioner herein was arrested on 09.04.2024 and subsequently remanded to judicial custody. Investigation of the case is complete and charge-sheet has been filed against two accused persons. Petitioner is arrayed as accused No.1 in the charge- sheet. The bail application filed by petitioner before the Trial - 4 - NC: 2025:KHC:12457 CRL.P No. 2984 of 2025 Court in Spl.C.No.179/2024 was rejected on 17.01.2025. Therefore, petitioner has approached this Court. 5. Learned counsel appearing for the petitioner submits that victim girl has not supported the case of prosecution during the course of her deposition and DNA test report would go to show that petitioner is not the biological father of the child born to victim girl. 6. per contra, learned High Court Government Pleader for the respondent, does not dispute the submission made by the learned counsel for the petitioner. 7. Material produced by learned counsel would go to show that victim girl has been examined before the Trial Court as P.W.3 and her mother has been examined before the Trial Court as P.W.2. Perusal of the deposition of P.W.2 and P.W.3 would go to show that they have not supported the case of prosecution and therefore, they have been treated as hostile witnesses by the prosecution and subsequently, cross- examined by the Public Prosecutor extensively. However, nothing material has been elicited from the mouth of P.W.2 and P.W.3 which is incriminating against the petitioner. The DNA - 5 - NC: 2025:KHC:12457 CRL.P No. 2984 of 2025 test report dated 26.11.2024 would indicate that petitioner is excluded from being the biological father of male baby born to the victim girl. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without expressing any opinion on the merits or demerits of the case. 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.45/2024 of Ripponpet Police Station, Shivamogga, registered for the offences punishable under Sections 376(2)(n), 376(2)(h), 376(3) of IPC and Sections 6 and 17 of the POCSO Act, subject to the following conditions: 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; 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; - 6 - NC: 2025:KHC:12457 CRL.P No. 2984 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; 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. SD/- (S VISHWAJITH SHETTY) JUDGE sac List No.: 1 Sl No.: 59