- 1 - NC: 2025:KHC:3502 CRL.P No. 12382 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12382 OF 2024 BETWEEN: SRI. SREEDHARA G.L., S/O LINGANNA, AGED ABOUT 23 YEARS, R/AT GAVIMATTA VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130. …PETITIONER (BY SRI. YASHWANT NETHAJI N.T., ADVOCATE SRI. K.N. NITISH, ADVOCATE AND SRI. K.V. NARASIMHAN, ADVOCATE) AND: 1. STATE BY KUNIGAL POLICE, KUNIGAL, TUMAKURU DISTRICT - 572 130, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. ALLEGED VICTIM GIRL, D/O LATE JAYARAM AND SMT. SHANTHA, SINCE BEING MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT. SHANTHA, R/AT GAVIMATTA VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 130 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1; SRI. DEVARAJAIAH K.G., ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3502 CRL.P No. 12382 of 2024 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THE PETITIONER IN SPL.C.NO.256/2024 ON THE FILE OF LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-1), TUMKUR (CR.NO.96/2024 OF KUNIGAL P.S.), FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 4(2) AND 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND SECTION 376(2)(n), 363 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by the sole accused in Crime No.96/2024 of Kunigal Police Station, praying to enlarge him on bail. 2. The aforementioned crime is registered against the petitioner for offences punishable under Sections 363, 376(2)(n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act, 2012), on a complaint lodged by the victim girl aged about 14 years. 3. On completion of investigation, charge sheet is filed. Section 4(2) of the POCSO Act, 2012 is invoked in - 3 - NC: 2025:KHC:3502 CRL.P No. 12382 of 2024 addition to the sections mentioned in the first information report. 4. It is the case of prosecution that, the petitioner herein in the month of May-2023, by enticing the minor victim, kidnapped her on his motorcycle in the guise of taking her to a temple and then committed penetrative sexual assault on her, on account of which she became pregnant and gave birth to a baby on 23.02.2024. Statement of the victim girl has been recorded under Section 164 of Cr.P.C., wherein she has narrated the incident. 5. It is contended by the learned counsel for petitioner that initially the name of petitioner was not mentioned in the FIR, but subsequently at the behest of persons who are on inimical terms with the him, he is falsely implicated in the case. 6. Learned Additional State Public Prosecutor has contended that as per DNA report, petitioner is the biological father of the baby. - 4 - NC: 2025:KHC:3502 CRL.P No. 12382 of 2024 7. In view of the statement of the victim and the DNA report, there is a prima facie case against the petitioner for having committed a heinous offence. Date of birth of the victim is 31.03.2009 as per school records. Hence, she is a minor. 8. Considering the facts and circumstances, this Court is in view that this is not a fit case to enlarge the petitioner on bail, since the evidence of the victim is not yet recorded. Petitioner is at liberty to move the Sessions Court seeking bail, after the victim is examined. 9. Petition is dismissed. 10. Observations made herein above is confined to the disposal of this petition. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR List No.: 1 Sl No.: 18 CT: BHK