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2025 DAILYLAW 50842 (KAR)

CHAKALI KRISHNAMURTHY @ KRISHNA v. STATE BY MANDYA EAST POLICE STATION

CRL.P/10139/2025 · 2025-09-09

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35338 CRL.P No. 10139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10139 OF 2025 BETWEEN: CHAKALI KRISHNAMURTHY @ KRISHNA S/O. SRI. CHIKALISIDDAPPA, AGED ABOUT 39 YEARS, LAUNDRY WORK, R/AT GAVISHETTI NEAR MDC, HALAHALLI, MANDYA- 571 401 NATIVE OF: KUMBARAHAGEHALLI VILLAGE, GUDIBANDA TALUK, SRI. SATHYASAI DISTRICT, ANDRA PRADESH- 515 201. &PETITIONER (BY SRI. GIREESHA R J, ADVOCATE) AND: 1. STATE BY MANDYA EAST POLICE STATION MANDYA -571 401. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU -560 001. 2. VICTIM GIRL D/O SRI V VENKATESH SINCE MINOR REPRESENTED BY HER NATRUAL GUARDIAN FATHER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35338 CRL.P No. 10139 of 2025 SRI VENKATESH S/O SRI PARASHURAM AGED ABOUT 37 YEARS PESENTLY R/AT BUDABALU VILLAGE PALYA HOBLI, HANOORU TALUK CHAMARAJA NAGAR DISTRICT - 571 313. &RESPONDENTS (BY Ms.ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.C No.123/2025 IN CR.No.45/2025 FOR THE OFFENCE U/S 65(1),64(2)(M) AND 351(2) OF BNS 2023 AND SEC. 6,10 AND 12 OF THE POCSO ACT, 2012, REGISTERED BY THE MANDYA EAST P.S, MANDYA DISTRICT, NOW PENDING ON THE FILE HONBLE ADDL.SESSIONS JUDGE -FTSC-II, MANDYA. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is the sole accused in Crime No. 45/2025 of Mandya East Police Station, registered for the offence punishable under Section 65(1), 64(2)(m), 351(2) of BNS, 2023 and Section 6, 10 and 12 of the POCSO Act 2012. - 3 - HC-KAR NC: 2025:KHC:35338 CRL.P No. 10139 of 2025 2. As per report submitted by the learned Addl.SPP, victim's father has been served with the notice. 3. Heard the counsel for petitioner, learned Addl.SPP for the State and perused the material on record. 4. Petitioner is accused of committing aggravated penetrative sexual assault on a minor girl aged 12 years, residing at Halahalli, Mandya City, instilling fear in her, on account of which she became pregnant. 5. According to prosecution, incident took place between 01.01.2024 to 11.04.2025. Date of birth of the victim is mentioned as 12.11.2012, in school records. Hence, prosecution contends that she was aged about 12 years when the offence was committed. 6. I have perused the statement of the victim girl recorded under Section 183 of the BNSS 2023, which prima-facie reveal the commission of offence by the accused. As per DNA profile results, accused is the biological father of the fetus. Hence, there is a prima-facie - 4 - HC-KAR NC: 2025:KHC:35338 CRL.P No. 10139 of 2025 case against the petitioner. Considering the nature and gravity of the offence, petitioner is not entitled for bail. Possibility of tampering the prosecution witnesses including the minor victim, is not ruled out, if the petitioner is released on bail. Hence, the petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 65 CT.SM