- 1 - HC-KAR NC: 2025:KHC:41129 CRL.P No. 12571 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12571 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI SANJAY, S/O. SRI.SUBRAMANI AGED ABOUT 23 YEARS, R/O. KYASAMBALLI VILLAGE, K.G.F, KOLAR DISTRICT - 563 121 …PETITIONER (BY SRI. ABHILASH KUMAR M.N FOR SRI NANJUNDA GOWDA M R.,ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY KYASAMBALLI POLICE STATION, K.G.F, KOLAR, REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU-560 001 …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.140/2025 ARISING OUT OF CRIME NO.24/2025 OF KYASAMBALLI POLICE STATION WHICH IS NOW PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR, SITTING AT KGF FOR THE OFFENCE P/US/ 64(2)(m),115(2),351(2),352 OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41129 CRL.P No. 12571 of 2025 ORAL ORDER This petition is filed by the sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant of bail in SC No.140 of 2025 (arising out of Crime No.24 of 2025 of Kyasamballi Police Station) registered for the offences punishable under Sections 64(2)(m), 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023, pending on the file of the learned III Additional District Sessions Judge at Kolar (sitting at KGF). 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 3. The learned counsel for the petitioner would contend that, the victim girl in her complaint and in her statement recorded under Section 183 of BNSS, 2023 has not stated that, she was pregnant and subsequently in her further statement recorded on 30.05.2015 she has stated that, she is pregnant. The spot mahazar indicates that the alleged incident of sexual act is in veranda, and it is not probable to have the same in varanda. The petitioner and the victim are from the - 3 - HC-KAR NC: 2025:KHC:41129 CRL.P No. 12571 of 2025 same village. The revenue records of the property where the incident has taken place is in the name of Chinnappa, and he has not been cited as a witness in the charge sheet. The petitioner and the victim are in relationship, and sexual intercourse between them is consensual one. The DNA report is a scientific evidence and it has to be established in trial. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader would contend that, the statement of the victim girl has been recorded under Section 183 of BNSS, 2023, wherein she has specifically stated the acts of the petitioner having sexual intercourse on her repeatedly under the promise of marriage. The victim girl has stated in her further statement that, she is pregnant, and subsequently she has been aborted, and the foetus and blood samples of petitioner and the victim have been sent for DNA test, and the report indicates that, the petitioner is a biological father of the foetus, and the victim is biological mother of foetus. The said aspect itself indicates that the petitioner, who had sexual intercourse with the victim - 4 - HC-KAR NC: 2025:KHC:41129 CRL.P No. 12571 of 2025 under the promise of marriage, made her pregnant, and now he is refusing from his promise, and cheated the victim girl. The offence alleged against the petitioner is punishable with imprisonment for life. If the petitioner is granted bail, he will threaten the victim and other prosecution witnesses. With this, he prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court perused the charge sheet and other materials placed on record. 6. The first information filed by the victim and her statement recorded under Section 183 of BNSS, 2023 clearly indicate that the petitioner had affair with the victim girl, and under the promise of marriage, he had sexual intercourse with her repeatedly. Now the victim insisted the petitioner to marry her, he refused to marry her and threatened the victim to kill her. The further statement of the victim girl dated 30.05.2025, indicates that, she became pregnant. When the victim has underwent abortion, the foetus along with the blood samples of the victim and the petitioner have been sent for DNA report. The DNA report indicates that the petitioner is a biological father of the foetus and the victim is a biological mother. As the - 5 - HC-KAR NC: 2025:KHC:41129 CRL.P No. 12571 of 2025 petitioner is now refusing to marry the victim, he had no intent to marry the victim. Under false promise of marriage, he had sexual intercourse with her. 7. Considering all these aspects, there is a prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there is a threat to the victim and other prosecution witnesses. The petitioner has not made out any grounds for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1