- 1 - HC-KAR NC: 2025:KHC:44383 CRL.P No. 5259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 5259 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SRI K N CHANDRASHEKAR S/O NARAYANASWAMY, AGED ABOUT 23 YEARS, R/AT: KASHAPURA, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …PETITIONER (BY SRI. DEVENDRA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGEPALLI POLICE STATION, CHIKKABALLAPUR. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. NARASIMHAMURTHY S/O SUBBARAYAPPA, AGED ABOUT 58 YEARS, R/AT: KASHAPURA, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 - SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44383 CRL.P No. 5259 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.10/2024 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 376(3) OF IPC AND SECTION 6 OF PROTECTION OF WOMEN FROM SEXUAL OFFENSES ACT, 2012 LATER REGISTERED AS SPL.S.C.NO.65/2024 FOR THE OFFENSES PUNISHABLE UNDER SECTIONS 376(3), 506 OF IPC AND SECTIONS 5(j)(ii), 5(n) AND 6 OF PROTECTION OF WOMEN FROM SEXUAL OFFENSES ACT, 2012 REGISTERED BY BAGEPALLI POLICE STATION, CHIKKABALLAPUR DISTRICT (1ST RESPONDENT HEREIN) AS BAIL APPLICATION FILED BY THE PETITIONER IN COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, CHIKKABALLAPUR IN SPL.SC.NO.65/2024 WAS REJECTED VIDE ORDER DATED 12.08.2024 COUPLED WITH. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 439 of Code of Criminal Procedure praying to grant bail in Crime No.10/2024 of Bagepalli Police Station registered for offences punishable under Sections 376(3) and 506 of - 3 - HC-KAR NC: 2025:KHC:44383 CRL.P No. 5259 of 2025 Indian Penal Code and Sections 5(j)(ii), 5(n) and 6 of POCSO Act pending in Spl.S.C. No.65/2024 on the file of Additional District and Sessions Judge, FTSC-I, Chikkaballapura. 2. Heard the Learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice to respondent No.2, he remained absent and unrepresented. 3. Learned counsel for petitioner would contend that, there is a delay in filing the complaint. There is a property dispute between the father of the victim girl and petitioner's family and therefore, the petitioner has been falsely implicated. There are contradictions in the statement of the victim girl with regard to involvement of three persons. The charge sheet has been filed and in that, there are twenty seven (27) witnesses cited. The stage of the case is for charge. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:44383 CRL.P No. 5259 of 2025 4. Per contra, learned High Court Government Pleader for respondent No.1 - State would contend that, the statement of the victim girl is recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita, 2023 indicate the petitioner committing sexual assault on her. The victim girl became pregnant and gave birth to a male child. The DNA test report indicates that, the petitioner is the biological father of the child born to the victim girl. The petitioner is dragging the case by filing application for discharge. The offence alleged against the petitioner is a heinous offence. If the petitioner is granted bail, there is a threat to the victim girl and other prosecution witnesses. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that, this petitioner who is cousin of the victim girl took her in the guise of talking with her to a - 5 - HC-KAR NC: 2025:KHC:44383 CRL.P No. 5259 of 2025 place in the land where he committed forcible sexual intercourse on her and he repeated the said offence on some other days and threatened the victim girl to kill her father if she intimates the same to anybody. Due to the act of the petitioner, the victim girl became pregnant and gave birth to a male child on 09.01.2024. Subsequently, the said child has been given in adoption and subsequently, the child died on 13.03.2024. The DNA test report indicates that, this petitioner is the biological father of the child born to the victim girl. 7. The Investigating Officer considering doubt regarding the alleged incident committed on the victim girl has sent blood samples of three (3) persons blood samples of the victim girl and her child for DNA test and in the DNA test report indicates that, this petitioner is the biological father of the child born to the victim girl. The statement of the victim girl has been recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita, 2023 indicate that, this petitioner has committed forcible sexual intercourse on - 6 - HC-KAR NC: 2025:KHC:44383 CRL.P No. 5259 of 2025 the victim girl. The victim girl was aged fourteen (14) years as on the date of offence. 8. The charge sheet materials show that, there is a prima-facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there is a threat to the victim girl and other prosecution witnesses. 9. Considering all the above aspects, the petitioner has not made out a case for grant of bail. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 5