- 1 - HC-KAR NC: 2025:KHC:49450 CRL.P No. 14900 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14900 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SRI PRAKASH R. S/O RAJU, AGED ABOUT 33 YEARS, RESIDING AT VEERAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK AND WORKING AS DRIVER AT GEJJIGADAHALLY VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI. RAJESH A., ADVOCATE) AND: 1. STATE BY DODDABALLAPURA SUB DIVISION, WOMEN POLICE STATION, (BENGALURU DISTRICT) REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA COMPLEX, BENGALURU - 560 001. 2. SMT. MAMATHA, W/O PRAKASH, AGED ABOUT 32 YEARS, RESIDING AT GEJJIGADAHALLI PALYA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SMT. ANKITA AJAY PATIL, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49450 CRL.P No. 14900 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) CR.P.C PRAYING TO RELEASE THE ACCUSED ON REGULAR BAIL IN SPL.C.NO.612/2025 IN CONNECTION WITH CRIME NO.97/2025 OF DODDABALLAPURA WOMEN POLICE STATION FOR AN OFFENCE PUNISHABLE UNDER SECTIONS 4(2), 5(L) AND 6 OF POCSO ACT, 2012 AND SECTIONS 115(2), 351(2) OF BNS, 2023, ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, BENGALURU RURAL DISTRICT, BENGALURU. 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 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Special Case No.612/2025 (arising out of Crime No.97/2025 of Doddaballapura Women Police Station) registered for offences punishable under Sections 4(2), 5(L) and 6 of Protection of Children from Sexual Offences Act and Sections 115(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023, pending on the file of Additional - 3 - HC-KAR NC: 2025:KHC:49450 CRL.P No. 14900 of 2025 District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. 3. Learned counsel for respondent No.2 submits that, respondent No.2 has filed a memo stating no objection to grant bail to the petitioner. Learned counsel for respondent No.2 further submits that, respondent No.2 is present before the Court this day. 4. Learned counsel for petitioner would contend that, the victim and her mother are examined in the Special Court and they have not supported the case of the prosecution. The petitioner was the step father of the victim and husband of respondent No.2 and there were some quarrels between them and to teach a lesson to the petitioner, a false complaint has been filed. The medical report indicates that, no external injuries on the body of - 4 - HC-KAR NC: 2025:KHC:49450 CRL.P No. 14900 of 2025 the victim. The petitioner is in custody since 09.05.2025. The undergarment of the victim has been seized on 09.05.2025. The date on which the petitioner has been arrested on 09.05.2025. Therefore, the authenticity of the seized garment of the victim containing seminal stain is doubtful. With these, he prayed to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent would contend that, the undergarment of the victim girl seized under Mahazar dated 09.05.2025 is found to be containing seminal stain. The charge sheet materials show that, there is a prima- facie case against the petitioner. The petitioner is the step father of the victim. With these, she prayed for dismissal of the petition. 6. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2025:KHC:49450 CRL.P No. 14900 of 2025 7. The accusation against this petitioner as per the charge sheet is that, he is the husband of victim's mother and victim is his step daughter. The petitioner stated to have sleeping with the victim in the absence of his wife and behaving indecently and having sexual intercourse on her. The victim and her mother who had filed complaint have been examined and they have not supported the case of the prosecution. The medical report indicates that, no external injuries over the body of the victim. Moresoever, respondent No.2 has no objection for grant of bail to the petitioner. 8. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Special Case No.612/2025 (arising out of Crime No.97/2025 of Doddaballapura Women Police - 6 - HC-KAR NC: 2025:KHC:49450 CRL.P No. 14900 of 2025 Station) pending on the file of Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 21