- 1 - HC-KAR NC: 2025:KHC:50163 CRL.P No. 12942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12942 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: PRASANNA SON OF LATE KITTACHARI, AGED ABOUT 32 YEARS, RESIDING AT VARUNA VILLAGE, VARUNA HOBLI, MYSURU DISTRICT - 570 010. …PETITIONER (BY SRI. SHRAVAN MADHAV K.P., ADVOCATE) AND: 1. STATE OF KARNATAKA CHANNAPATANA RURAL POLICE STATION RAMANAGARA - 571 501. REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. INDRA KUMARI WIFE OF KENCHEGOWDA, R/AT: BANANTHAHALLI VILLAGE, VIRUPAKSHAPURA HOBLI, CHENNAPATANA TALUK, RAMANAGARA - 562 138. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. NAMAN VANKDARI M., ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50163 CRL.P No. 12942 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER BY GRANTING REGULAR BAIL IN SPL.C (POCSO) NO.141/2023 (IN CRIME NO.192/2023 REGISTERED IN CHANNAPATANA RURAL POLICE STATION, RAMANAGARA), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(n) AND 506 OF IPC AND UNDER SECTIONS 4(1), 6 AND 5(L) OF POCSO ACT, PENDING ON THE FILE BEFORE THE I ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, RAMANAGARA. 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 Spl.Case (POCSO) No.141/2023 (Crime No.192/2023 of Channapatna Rural Police Station) registered for offence punishable under Sections 376(2)(n) and 506 of Indian Penal Code and Sections 4(1), 6 and 5(L) of Protection of Children from Sexual Offences Act, pending on the file of I - 3 - HC-KAR NC: 2025:KHC:50163 CRL.P No. 12942 of 2025 Additional District and Sessions and Special Judge, Ramanagara. 2. Heard learned counsel for petitioner, learned High Court Government Pleader for respondent No.1 - State and learned counsel for respondent No.2. 3. Learned counsel for petitioner would contend that, the petitioner is in judicial custody since 30.07.2023 and till date, only six witnesses are examined. He further contends that, the evidence of victim has already been recorded wherein she has prayed not to disclose the evidence to her mother and family members. The victim has not supported the case of the prosecution. In the history before the doctor at the time of examination, the victim has stated that, there is no physical or sexual contact. The remaining witnesses are official witnesses and therefore, there is no threat by this petitioner on them. There was a love affair between the petitioner and the victim girl and in order to separate them, a false case - 4 - HC-KAR NC: 2025:KHC:50163 CRL.P No. 12942 of 2025 came to be filed against the petitioner. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent No.1 would contend that, C.W.3 to C.W.7 are witnesses who have seen the petitioner and the victim girl roaming on bike. The statement of the victim girl has been recorded under Section 164 of Cr.PC wherein she has stated the acts of the petitioner having forcible sexual intercourse on her. The medical report of the examination of the petitioner indicates that, he had sexual contact on 18.07.2023. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition. 5. Learned counsel for respondent No.2 would contend that, the statement of the victim girl has been recorded under Section 164 of Cr.PC wherein she has specifically stated the acts of this petitioner having forcible - 5 - HC-KAR NC: 2025:KHC:50163 CRL.P No. 12942 of 2025 sexual intercourse on her. If the petitioner is granted bail, there are chances of him threatening the victim and other prosecution witnesses. With these, he 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. 7. The age of the victim girl as on the date of offence is sixteen (16) years and her date of birth is 06.06.2007. The alleged incident has taken place on 18.07.2023. The petitioner is in judicial custody since 30.07.2023. Till date, only six (6) witnesses are examined including the victim girl and her mother. The victim girl in her history given before the doctor at the time of examination has stated that, she and the petitioner were in love from past three (3) years and she went with him to temple on 18.07.2023 and it was the date of his birthday and they came back to college and there is no physical or - 6 - HC-KAR NC: 2025:KHC:50163 CRL.P No. 12942 of 2025 sexual contact. The doctor who examined her has stated no external injuries and hymen is intact and normal. The evidence of victim girl has already been recorded wherein she has not supported the case of the prosecution. The victim girl was of the age of understanding the consequences of her acts as on the date of the offence. 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 Spl.Case (POCSO) No.141/2023 (Crime No.192/2023 of Channapatna Rural Police Station) pending on the file of I Additional District and Sessions and Special Judge, Ramanagara, 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 - 7 - HC-KAR NC: 2025:KHC:50163 CRL.P No. 12942 of 2025 like-sum to the satisfaction of the trial Court. ii) The petitioner shall not threaten or tamper the remaining prosecution witnesses. 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.: 2