- 1 - HC-KAR NC: 2025:KHC:46710 CRL.P No. 9746 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9746 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. SRI DHEERAJ KUMAR, S/O ANIL KUMAR AGED ABOUT 19 YEARS, R/AT. 29, GROUND FLOOR, 13TH CROSS, ANEPALYA, ADUGODI, BENGALURU - 560 030. …PETITIONER (BY SRI. RANGANATH REDDY R., ADVOCATE) AND: 1. STATE BY ASHOKNAGAR POLICE THE STATION HOUSE OFFICER, BANGALORE CITY, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI VENKATESH S/O LAKSHMAN MURTHY, AGED ABOUT 41 YEARS, R/AT NO.10, 6TH CROSS, NANJUNDAPPA ROAD, S R NAGAR, BENGALURU - 560 025. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1; SRI. SHARATH K.R., ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46710 CRL.P No. 9746 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.82/2025 AT ASHOKNAGAR POLICE STATION, REGISTERED BY THE FAST TRACK COURT-IV, CITY COURT, BENGALURU, PENDING BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-IV, BENGALURU, NOW AFTER FILING OF CHARGE SHEET, PENDING AS SPL.C.NO.1014/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(1) OF BNS, UNDER SECTIONS 5(J)(II) AND 6 OF POCSO ACT, 2012. 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 Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Special Case No.1014/2025 (Crime No.82/2025 of Ashoknagar Police Station), pending on the file of Additional District and Sessions Judge, FTSC-IV, Bengaluru, registered for offences punishable under Section 64(1) of Bharatiya Nyaya Sanhita, 2023 and Sections 5(J)(II) and 6 of Protection of Children from Sexual Offences Act. - 3 - HC-KAR NC: 2025:KHC:46710 CRL.P No. 9746 of 2025 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State. Learned counsel for respondent No.2 is absent. 3. Learned counsel for petitioner would contend that, the alleged act of sexual intercourse as per victim has taken place on 22.02.2025 and as per the report of test dated 13.03.2025, the victim is pregnant of seven weeks. The said test is conducted after twenty (20) days of the incident and therefore, it is not probable that the alleged act of the petitioner led to the pregnancy of the victim. The blood samples of victim and the petitioner were sent for DNA test and DNA test report indicates that, the petitioner is not biological father of the product of conception. The statement of the victim is recorded under Section 183 of BNSS and her evidence is also recorded by the Special Court. The petitioner is not required for custodial interrogation. The petitioner is aged nineteen - 4 - HC-KAR NC: 2025:KHC:46710 CRL.P No. 9746 of 2025 (19) years and he is a student studying in B.A. Economics. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent No.1 - State would contend that, the statement of victim recorded by the Police and recorded under Section 183 of BNSS and her evidence recorded before the Special Court clearly indicates the alleged act of the petitioner having the forcible sexual intercourse on her is in his house. The charge sheet materials show that, there is a prima-facie case against the petitioner even though the DNA test is negative. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that, on 22.02.2025 the petitioner took the victim to his house and had a sexual intercourse with her and due to the same, - 5 - HC-KAR NC: 2025:KHC:46710 CRL.P No. 9746 of 2025 the victim became pregnant. The pregnancy has been terminated. The product of conception and blood samples were sent for DNA test. The DNA test report indicates that, the victim is the biological mother of product of conception and the petitioner is excluded from being the biological father of product of conception. The charge sheet has been filed. Already the complainant and victim are examined. The petitioner is in judicial custody since 14.03.2025. The petitioner is aged nineteen (19) years and he is a student studying in B.A. Economics in St. Joseph University. 7. 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.1014/2025 (Crime No.82/2025 of Ashoknagar Police Station), pending on the file of Additional District and Sessions Judge, FTSC-IV, Bengaluru, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:46710 CRL.P No. 9746 of 2025 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.: 2 Sl No.: 1