- 1 - NC: 2025:KHC:4859 CRL.P No. 12648 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12648 OF 2024 BETWEEN: SRI.BALA M AGED ABOUT 57 YEARS, WIFE OF LATE MUNAJA, RESIDING AT NO. 48, 2ND CROSS, MUDDAPPA GARDEN, COX TOWN, JEEVANAHALLI, BANGALORE 560005. …PETITIONER (BY SRI. GOPAL N.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PULAKESHINAGARA POLICE STATION (REP. BY PUBLIC PROSECUTOR) BANGALORE DISTRICT. 2. VICTIM …RESPONDENTS (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS)PRAYING TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE BY ACCEPTANCE OF PERSONAL BOND OR AS IN THE MANNER FIR CR.NO.240/2024, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4859 CRL.P No. 12648 of 2024 PENDING BEFORE THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE FTSC-III, BANGALORE, FOR OFFENCE U/S 376(I) OF IPC, SEC. 3,5(j),(ii),5(n),8 AND 6 OF POCSO ACT; THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-III HAS REJECTED THE BAIL PETITION ON 15.10.2024 IN CRL.MISC.NO.8776/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER There is no representation for the petitioner. Even on the previous date, when the case was listed, there was no representation for the petitioner. Office objections are not complied with, inspite of granting sufficient time. 2. Petitioner is seeking to enlarge him on bail in Crime No.240/2024 registered at Pulakeshinagara Police Station. - 3 - NC: 2025:KHC:4859 CRL.P No. 12648 of 2024 3. Charge sheet is filed against the petitioner for offences punishable under section 376(1) of Indian Penal Code, 1860 [for short 'IPC'], and Sections 3, 5(j), 5(j)(ii), 5(n), 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). 4. The victim girl is aged 12 years 11 months. Petitioner is none other than her grand father. Case of the prosecution is that petitioner committed penetrative sexual assault on the victim during night hours due to which she became pregnant. Her fetus was medically terminated. As per DNA Report, petitioner is the biological father. As per Birth Certificate, date of birth of the victim is 25.07.2011. Hence, at this stage, a prima facie case is made out against the petitioner. Considering the nature and gravity of the offence, this is not a fit case to enlarge the petitioner on bail. Further, evidence of the victim girl is yet to be recorded. Hence, if petitioner is enlarged on bail, there are chances of threatening or influencing her. - 4 - NC: 2025:KHC:4859 CRL.P No. 12648 of 2024 Petition is dismissed with liberty to the petitioner to move the Sessions Court after the examination of victim. Sd/- (MOHAMMAD NAWAZ) JUDGE NV