- 1 - NC: 2025:KHC:2018 CRL.P No. 11702 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11702 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAN S S/O SHAKTHI, AGED ABOUT 26 YEARS, R/AT NO. OLD CHANDAPUR, ATTIBLE HOBLI, ANEKAL TALUK, BANGALORE, PIN CODE-562 107. PERMANENT ADDRESS: NO.3/4, GREEN PARK RAYAM PALYA, AVINASHI, THIRUPURU MAVATAAM, TAMIL NADU DISTRICT, PIN CODE-641 654. …PETITIONER (BY SRI. VINAYA B.R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ASHOKNAGARA POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT BENGALURU-560 001. 2. BHUVANESHWARI W/O RAVI, AGED ABOUT 39 YEARS, R/AT OLD CHANDAPUR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2018 CRL.P No. 11702 of 2024 NEAR ANJANEYA TEMPLE, ATTIBLE HOBLI, ANEKAL TALUK, BANGALORE DISTRICT PIN CODE-562 107. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL, WHO IS ACCUSED IN CRIME NO.283/2024 (SPL.C.C.NO.664/2024) ON THE FILE OF RESPONDENT SURYA CITY POLICE STATION, NOW PENDING ON ADDL. DIST. AND SESSIONS JUDGE AT BENGALURU RURAL (FTSC-3) FOR THE OFFENCE PUNISHABLE UNDER SECTION 376(3) OF IPC, AND SECTION 3, 4, 5, 6 OF POCSO ACT, IN RESPECT OF THE PETITIONER. 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 and the learned High Court Government Pleader for respondent No.1/State. Respondent No.2 is served but unrepresented. 2. Petitioner is seeking bail in Cr.No.283/2024 of Suryanagar Police Station, Bengaluru, registered for offence punishable under Section 3, 4, 5 and 6 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO’ Act) and 376(3) of IPC. - 3 - NC: 2025:KHC:2018 CRL.P No. 11702 of 2024 3. Law was set into motion by victim’s mother stating that her daughter, aged about 13 years has some intellectual disability. She informed her that on 7.6.2024 at about 10.00 a.m. when no one was in the house, petitioner herein entered the house, held her tightly, removed her clothes so also his clothes and committed rape on her. 4. Petitioner was arrested on 15.06.2024 and he is in judicial custody since then. Investigation is completed and charge sheet is filed. His bail petition has been rejected by the learned Sessions Judge in Crl.Misc.No.2189/2024. 5. Learned counsel for the petitioner has contended that complaint is lodged belatedly by falsely implicating the petitioner. In the history furnished to the Doctor petitioner has not been named, but it is stated therein that unknown neighbour has committed the offence. There are discrepancies in the statements of the victim recorded under Section 161 and 164 of Cr.P.C. The victim, in her statement before the police has stated that the incident took place on 7.6.2024 whereas before the Magistrate she has stated that incident took place on 5.6.2024. He, further contended that there are no external - 4 - NC: 2025:KHC:2018 CRL.P No. 11702 of 2024 injuries found on the victim’s private part and therefore, the case of prosecution that the petitioner has committed rape on a minor girl is entirely false. He, submitted that the petitioner is in judicial custody since 15.6.2024. He is ready and willing to abide by any conditions which may be imposed and accordingly seeks to allow the petition. 6. The learned High Court Government Pleader has opposed the prayer contending that the victim girl has categorically stated that this petitioner has committed rape on her and therefore, there is a prima facie case against the petitioner for having committed the heinous offence. He contended that if the petitioner is enlarged on bail, he may try to intimidate the victim and the complainant and thereby hamper the case of prosecution. 7. Victim is a young girl aged about 13 years. As per school records, her date of birth is 28.7.2010 and therefore she was aged only 13-14 years as on the date of commission of offence. As per medical report, she has been diagnosed with mild intellectual disability. Discrepancy in mentioning the date by the victim itself is not a ground to doubt the prosecution - 5 - NC: 2025:KHC:2018 CRL.P No. 11702 of 2024 case and to enlarge the petitioner on bail. I have perused statements of the victim. In both the statements she has categorically stated that the petitioner has committed sexual assault on her. The offence alleged is heinous in nature wherein the petitioner has committed heinous offence against a minor girl aged only about 13-14 years. Considering the gravity of the offence and the punishment prescribed, this is not a fit case to enlarge the petitioner on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 33 Ct:ra