- 1 - NC: 2025:KHC:17685 CRL.P No. 4909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4909 OF 2025 BETWEEN: ADITHYA N M ALIAS ADITYA S/O MANJAIAH @ MANJUNATHA AGED ABOUT 21 YEARS, R/AT NADABHOGANAHALLI VILLAGE, SHEELANERE HOBLI, K.R PET TQ. MANDYA DISTRICT, KARNATAKA - 571 426 …PETITIONER (BY SRI. ROHITH S.V., FOR SRI. PUNEETH B.S., ADVOCATES) AND: 1. STATE OF KARNATAKA BY K R PET RURAL P.S. REP., BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1 NOTICE TO R2 H/S V/O DTD: 29/04/2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO HIM IN SPL.C NO.09/2025(CRIME NO.235/2024) OF RESPONDENT K R PETE RURAL Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17685 CRL.P No. 4909 of 2025 POLICE STATION, WHICH IS REGISTERED A CASE FOR O/P/U/S 149, 376(2)(N), 376(3), 376DA, 450 IPC AND U/S 10, 4, 6, 5(G), 5(K), 5(L) OF POCSO ACT, 2012 WHICH IS PENDING ON THE FILE OF ADDL.SESSIONS JUDGE FTSC-II MANDYA. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.C.No.9/2025, pending before the Court of Additional Sessions Judge-FTSC-II, Mandya, arising out of Crime No.235/2024 registered by K.R.Pet Rural Police Station, Mandya, for the offences punishable under Sections 149, 376(2)(n), 376(3) 376DA of IPC (for short, 'IPC') and Sections 10, 4, 6, 5(G), 5(K), 5(L) of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 3(1)(w) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking regular bail. - 3 - NC: 2025:KHC:17685 CRL.P No. 4909 of 2025 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 who is served in this matter, has remained unrepresented before this Court. 3. FIR in Crime No.235/2024 registered by K.R.Pet Police Station, Mandya for the aforesaid offences against the petitioner and four others, based on the first information dated 09.11.2024 received from the mother of the victim girl. 4. During the course of investigation, petitioner herein was arrested on 10.11.2024. After completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Trial Court in Spl.C.No.9/2025 was rejected on 21.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is a youngster, aged about 21 years having - 4 - NC: 2025:KHC:17685 CRL.P No. 4909 of 2025 no criminal antecedents. DNA test report received in the present case do not support the allegation against the petitioner or the other accused persons against whom charge sheet is filed. Accordingly, he prays to dismiss the petition. 6. Per contra, learned High Court Government Pleader, who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. She submits that victim is a minor, therefore alleged offence could be attracted against them. 7. The first informant, who is the mother of the victim girl has filed a typed first information alleging that on 29.10.2024, she had taken her minor daughter to the Government Hospital, at K.R.Pete and the Doctor in the hospital after medically examining the victim girl, informed the first informant that the victim girl was pregnant. On enquiry, the victim girl allegedly informed the first informant that five persons, whose name is mentioned in the FIR had sexual intercourse with her and as a result she - 5 - NC: 2025:KHC:17685 CRL.P No. 4909 of 2025 had conceived. It is under these circumstances, first informant had approached the police and based on her first information, FIR was registered against five persons. During the course of investigation, the petitioner herein was arrested on 10.11.2024. After completing investigation, charge sheet has been filed against the five persons, who are named in the FIR. During the course of investigation, the victim girl had made allegation against the aforesaid accused about committing sexual assault on her. 8. The pregnancy of the victim girl was subsequently aborted and in the DNA test report of the male abortus would reveal that the petitioner or the other accused as against whom charge sheet has been filed in the present case are excluded from being the biological father and source of DNA of abortus that was sent to the Forensic Science Laboratory. It is not in dispute that the petitioner has no criminal antecedents. He is aged about 21 years and continued detention of the petitioner in - 6 - NC: 2025:KHC:17685 CRL.P No. 4909 of 2025 custody along with hard core criminals may have adverse impact on his career. Under the circumstance, 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 The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.235/2024 registered by K.R.Pet Rural Police Station, Mandya, for the offences punishable under Sections 149, 376(2)(n), 376(3) 376DA of IPC (for short, 'IPC') and Sections 10, 4, 6, 5(G), 5(K), 5(L) of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and Section 3(1)(w) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:17685 CRL.P No. 4909 of 2025 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; 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 BH List No.: 1 Sl No.: 32