- 1 - HC-KAR NC: 2025:KHC:46142 CRL.P No. 13313 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.13313 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: JUNEDH PASHA @ REEHAL S/O NOOR PASHA AGED ABOUT 21 YEARS R/AT A.R.S. SCRAP GODAN OPPOSITE, KAMBIPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK – 560 060 …PETITIONER (BY SRI. G M SHARATHKUMAR., ADVOCATE) AND: 1. STATE BY BIDADI PS RAMANAGAR SUB DIVISION RAMANAGARA DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARANTAKA BENGALURU – 560 001 2. VICTIM D/O EJAZ KHAN AGED ABOUT 16 YEARS MINOR REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER SMT. FARHANA W/O AJAN KHAN AGED ABOUT 37 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46142 CRL.P No. 13313 of 2025 B82, DODDIPALYA ROAD, SHIVAKUMARSWAMIJI NAGARA, GOLAHALLI POST, KENGERI HOBLI, BENGALURU SOUTH, BENGALURU – 560 060 …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R1; SRI. AKSHAY RAJ B.R., ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.102/2025 (CR. NO.94/2025) REGISTERED AT RESPONDENT BIDADI POLICE STATION, RAMANAGARA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 4(2), 5(J)(ii), 6 OF POCSO ACT, 2012 AND SECTION 65(1) OF BNS ON THE FILE OF LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioner –accused under Section 483 of BNSS praying to grant bail in Crime No.94/2025 of Bidadi Police Station pending in Special Case No.102/2025 on the file of III Additional District and Sessions Judge, Ramnagara registered for offences punishable under Sections 4(2), 5(J)(ii) and 6 of Protection - 3 - HC-KAR NC: 2025:KHC:46142 CRL.P No. 13313 of 2025 of Children from Sexual Offences Act, 2012 and Section 65(1) of BNS. 2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned Additional SPP for respondent No.1 –State. 3. Learned counsel for the petitioner would contend that there was affair between petitioner and the victim. The victim is of the age of understanding the consequences of her acts. The investigation is over, charge sheet has been filed and therefore, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since 11.04.2025. There are no criminal antecedents. With this, he prays to allow petition. 5. Learned counsel for respondent No.2 submits that the victim and her mother have no objection for grant of bail to the petitioner. The victim and her mother are also present and they submit that they will not proceed with the matter against the accused. - 4 - HC-KAR NC: 2025:KHC:46142 CRL.P No. 13313 of 2025 6. Per contra, learned Additional SPP for respondent No.1 -State would contend that due to the act of this petitioner the victim became pregnant and she was aborted. The fetus was sent for DNA test. The DNA test report indicates that the petitioner is biological father of the fetus and victim is biological mother. There is a prima facie case against the petitioner for offences alleged against him. With this, she prayed to reject the petition. 7. Having heard the learned counsels, the Court has perused charge sheet and other materials placed on record. 8. The date of birth of the victim girl is 09.06.2009 and she was aged 15 years 10 months as on the date of offence. On perusal of the statement of the victim, she came in contact with the petitioner through Instagram and she was chatting with the petitioner. The victim girl who became pregnant has been aborted and the fetus and blood samples of victim and accused were sent for DNA test. The DNA test report indicates that petitioner is - 5 - HC-KAR NC: 2025:KHC:46142 CRL.P No. 13313 of 2025 biological father of the fetus and victim is biological mother. The petitioner is in judicial custody since 11.04.2025 and as charge sheet is filed, he is not required for custodial interrogation. More so the victim and her mother submitted no objection for grant of bail to the petitioner. Considering the above aspects the petitioner has made out case for grant of bail with conditions. 9. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.94/2025 of Bidadi Police Station pending in Special Case No.102/2025 on the file of III Additional District and Sessions Judge, Ramnagara subject to following conditions; a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court. - 6 - HC-KAR NC: 2025:KHC:46142 CRL.P No. 13313 of 2025 b) The petitioner -accused shall not temper the prosecution witnesses either directly or indirectly. c) The petitioner -accused shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 15