- 1 - NC: 2025:KHC:2094 CRL.P No. 12521 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12521 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRIKANTH K, S/O LATE KARAGAREDDY, AGED ABOUT 23 YEARS, RESIDING AT PANNAMAKANAHALLI VILLAGE, TEKAL HOBLI, MALUR TALUK. …PETITIONER (BY SRI. A.N. RADHAKRISHNA, ADVOCATE FOR SRI. NANJE GOWDA T.V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KOLAR SUB DIVISION, KOLAR, MALUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. SURESH V, S/O LATE VENKATARAMAPPA, AGED ABOUT 42 YEARS, RESIDING AT GOPASANDRA VILLAGE, TEKAL HOBLI, MALUR TALUK - 563 130. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; R2 SERVICE HELD SUFFICIENT) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2094 CRL.P No. 12521 of 2024 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER ON BAIL IN SPL.S.C. AND SC/ST NO.11/2024 ARISING OUT OF CR.NO.75/2024 OF MALUR P.S., FOR THE ALLEGED OFFENCE P/U/S 376(2)(n), 506 OF IPC, SEC.6 OF POCSO ACT, SEC.3(2)(V) OF SC/ST (POA) ACT, PENDING ON THE FILE OF HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I (POCSO), KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. This petition is preferred seeking to enlarge the petitioner on bail in Spl. SC IPC And SC/ST No.11/2024 pending before the Court of Additional District and Sessions Judge FTSC-I (POCSO) at Kolar. 3. FIR in Crime No.75/2024 of Maluru Police Station, Kolar was registered against the petitioner, on a complaint lodged by the victim, for offences punishable - 3 - NC: 2025:KHC:2094 CRL.P No. 12521 of 2024 under Section 376(2)(n), 506 of IPC, Section 6 of the POCSO Act, 2012, Section 3(2)(V) of the SC/ST (POA) ACT, 1989. 4. On completion of investigation, charge sheet is filed for offences punishable under Section 376(2)(n), 506 of IPC and Section 6 of the POCSO Act, 2012 and Section 3(2)(V) of the SC/ST (POA) Act, 1989. 5. It is the case of prosecution that the petitioner and the victim girl were acquainted with each other. When the two families had been to Dharmasthala, petitioner without the knowledge of the victim recorded a video through his mobile phone while she was changing her clothes inside the car. On 04.01.2024, he showed the said video to the victim girl and threatened her that he will upload it on social media and committed forcible sexual intercourse with her. Thereafter, on 09.01.2024, once again committed forcible sexual intercourse in the house of CW.6. - 4 - NC: 2025:KHC:2094 CRL.P No. 12521 of 2024 6. Learned counsel for petitioner has contended that there are discrepancies in the complaint averments and the statement of the victim recorded under Section 164 of Cr.P.C. He contended, the victim and the petitioner are known to each other and the material on record clearly shows that it is a consensual act and there is no force or threat as alleged by the prosecution. He further contended that petitioner is in judicial custody from 06.04.2024, investigation is completed and charge sheet is also filed. Petitioner is ready and willing to abide by any conditions and accordingly, prayed to allow the petition. 7. Learned Additional SPP has opposed the prayer for bail contending that the victim is a minor, petitioner has committed heinous offence and as per medical opinion, hymen is ruptured and therefore, there is a prima-facie case against the petitioner. She contended that if the petitioner is enlarged on bail, there are chances of threatening the victim and hampering the case of - 5 - NC: 2025:KHC:2094 CRL.P No. 12521 of 2024 prosecution. She has therefore, sought to dismiss the petition. 8. In the complaint, victim has narrated the entire incident. There are no major discrepancies in the complaint averments and the statement of the victim recorded under Section 164 of Cr.P.C. In both the statements she has alleged that the petitioner by threatening has committed sexual intercourse with her. As per school records, date of birth of the victim is 06.01.2009 and therefore, she was a minor as on the date of commission of offence. Further, as per medical opinion, dental age estimation of the victim is around 15-16 years. The doctor has opined that the hymen is ruptured. 9. From the material on record it can be seen that there is a prima-facie case against the petitioner. As rightly contended by the learned Additional SPP, if the petitioner is enlarged on bail, there are chances of influencing or threatening the victim. Hence, this is not a - 6 - NC: 2025:KHC:2094 CRL.P No. 12521 of 2024 fit case to grant bail to the petitioner. Petition is dismissed. 10. Observations made in this petition shall not influence the Trial of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 34 CT: BHK