Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49151 CRL.P No. 14350 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14350 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN:
1.
SRINIVAS M.
S/O LATE MUNIYAPPA, AGED ABOUT 28 YEARS, R/O. KODIGEHALLI, BENGALURU RURAL, BENGALURU - 561 203. …PETITIONER (BY SRI. PAVAN KUMAR G., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY BENGALURU DIST. WOMEN P.S. DODDABALLAPURA, REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001.
2.
SMT. ANITHALAKSHMI W/O. RAJU, AGED ABOUT 39 YEARS, R/O. DCPU DC OFFICE, BEERASANDRA, KUNDANA, DEVANAHALLI TALUK, BENGALURU - 560 001.
3. XXXXXXX D/O. RAJANNA, AGED ABOUT 18 YEARS,
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49151 CRL.P No. 14350 of 2025
R/O. KODIGEHALLI, DODDABALLAPURA TALUK, BENGALURU RURAL, BENGALURU - 561 203. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.194/2025 BENGALURU DISTRICT WOMEN POLICE STATION ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-I), BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 5(L), 6, 4(1) OF POCSO ACT AND SECTION 137(2) OF BNS, 2023.
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 Crime No.194/2025 of Bengaluru District Women Police Station, registered for Offences punishable under Sections 5(L), 6, 4(1) of Protection of Children from
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HC-KAR NC: 2025:KHC:49151 CRL.P No. 14350 of 2025
Sexual Offences Act and Section 137(2) of Bharatiya Nyaya Sanhita, 2023.
2. Heard
learned counsel for petitioner and learned High Court Government Pleader for respondent Nos.1 and 2.
3.
Learned counsel for respondent No.3 submits that, he has no objection for grant of bail to the petitioner. The victim girl and her mother are present. He further submits that, the petitioner has agreed to marry the victim girl after he being released on bail. The victim girl and her mother have also agreed for the said marriage of petitioner with the victim girl.
4.
Learned counsel for petitioner would contend that, the victim girl was aged more than seventeen (17) years as on the date of alleged offence and there was love affair between the petitioner and the victim girl. The victim girl was of the age of understanding the consequences of her acts. The petitioner is now ready to marry the victim
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HC-KAR NC: 2025:KHC:49151 CRL.P No. 14350 of 2025
girl. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With these, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader for respondent would contend that, due to the acts of this petitioner, the victim girl became pregnant and she gave birth to a dead female child. The DNA test report indicates that, the petitioner is the biological father of the dead female and the victim girl is the biological mother. The charge sheet materials show that, there is a prima- facie case against the petitioner for offences alleged against him. 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 case of the prosecution as per the charge sheet is that, the petitioner was having love affair with the
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HC-KAR NC: 2025:KHC:49151 CRL.P No. 14350 of 2025
victim girl and he took her and had sexual intercourse and due to which, she became pregnant and gave birth to a dead female child. The victim girl was aged more than seventeen (17) years as on the date of alleged offence. The victim girl in her statement recorded under Section 183 of BNSS has stated that, she was having love affair with the petitioner. The victim girl was of the age of understanding the consequences of her acts. Now, the victim girl is also ready for her marriage with the petitioner. The petitioner is also ready for his marriage with the victim girl.
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 Crime No.194/2025 of Bengaluru District Women Police Station, subject to following conditions:
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HC-KAR NC: 2025:KHC:49151 CRL.P No. 14350 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.: 1 Sl No.: 23