- 1 - HC-KAR NC: 2025:KHC:47417 CRL.P No. 14249 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14249 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KIRAN B M S/O MAHESH AGED ABOUT 23 YEARS R/AT RAGIGUDDA RAMAMURTHY NAGAR BANGALORE – 560 016. PREMANENT ADDRESS BORIKOPPALU VILLAGE DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT KARNATAKA – 571 445. …PETITIONER (BY SRI N SHANTHKUMAR, ADVOCATE FOR SRI CHANDRASHEKAR H B, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANDYA CENTRAL POLICE REP. BY LEARNED SPP HIGH COURT BUILDING BENGALURU-01. 2. XXX REP. BY ITS NATURAL GUARDIAN CHENNAMMA (MOTHER) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47417 CRL.P No. 14249 of 2025 W/O KULLEGOWDA R/AT BEHIND SOCIETY ROAD UMMADAHALLI VILLAGE MANDYA TALUK- 571 403. …RESPONDENTS (BY SMT. B PUSHPALTHA, ADDL. SPP FOR R1 R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN SPL.C.No.205/2025, PENDING ON THE FILE OF THE ADDL. SESSIONS JUDGE, FTSC-II, AT MANDYA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 78, 64(2)(m) AND 332(b) OF BNS 2023 AND SECTION 6,12 OF THE POCSO ACT CRIME REGISTERED BY MANDYA CENTRAL P.S. 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 the sole accused under Section 483 of BNSS praying to grant bail in Spl.C.No.205/2025 pending on the file of Additional Sessions Judge, FTSC-II, Mandya, registered for the offences under Sections 78, 64(2)(m), 332(b) of BNS and Sections 6 and 12 of the POCSO Act. - 3 - HC-KAR NC: 2025:KHC:47417 CRL.P No. 14249 of 2025 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that the statement of the victim girl recorded under Section 183 of BNSS indicates that there was love affair between the petitioner and the victim girl. She has not stated any force by this petitioner for sexual intercourse. The DNA test report is inconclusive. As the charge sheet is filed, petitioner is not required for custodial interrogation. The victim girl was of the age of understanding the consequences of her acts. There are no criminal antecedents of the petitioner. With these, he prayed to allow of the petition. 4. Per contra, learned Additional SPP would contend that the victim girl in her statement before the police and under Section 183 of BNSS has specifically - 4 - HC-KAR NC: 2025:KHC:47417 CRL.P No. 14249 of 2025 stated the acts of petitioner having sexual intercourse on her. Due to the acts of the petitioner, the victim girl became pregnant. The DNA test report is inconclusive. The charge sheet material show prima-facie case against the petitioner for offences alleged against him. With these she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused charge sheet and other materials placed on record. 6. As per case of the prosecution, the petitioner and the victim girl were in love affair and the petitioner who came to house of victim when there was nobody in the house, had sexual intercourse with the victim. The victim girl became pregnant. The product of conception and blood samples were sent for DNA test. The DNA test is inconclusive since paternal relationship of the product of conception could not be established due to the absence of embryonic content. The petitioner is aged 23 years and is - 5 - HC-KAR NC: 2025:KHC:47417 CRL.P No. 14249 of 2025 in judicial custody since 19.07.2025. Since the charge sheet is filed, petitioner is not required for custodial interrogation. The victim is of the age of understanding the consequences of her acts. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result to following: ORDER The petition is allowed. The petitioner is granted bail in a Spl.C.No.205/2025 pending on the file of Additional Sessions Judge, FTSC-II, Mandya, subject to following conditions: (i) 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) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:47417 CRL.P No. 14249 of 2025 (iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 19 Ct.sm