- 1 - HC-KAR NC: 2025:KHC:48961 CRL.P No. 12367 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. 12367 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. ABDUL RAHMAN S/O LATE ABDUL SHUKAHAR AGED ABOUT 46 YEARS TEACHER, R/O 7TH CROSS GOPALPURA ROAD, CHITRADURGA TOWN CHITRADURGA - 577 501. …PETITIONER (BY SRI IQBAL AHMED KHAN, ADVOCATE) AND: 1. WOMEN POLICE CHITRADURGA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. 2. DILSHAD W/O LATE MOHAMMED IMBRAHIM AGED ABOUT 44 YEARS TAILOR, MARUTHI NAGARA CHITRADURGA TOWN CHITRADURGA-577 501. …RESPONDENTS (BY SMT. B PUSHPALATHA, ADDL. SPP FOR R1 SRI G M SHARATH KUMAR, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48961 CRL.P No. 12367 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.No.69/2024 AND SPL.C (POCSO) 110/2024 PENDING ON THE FILE OF 2ND ADDITIONAL DISTRICT AND SESSION JUDGE AT CHITRADURGA OF PARASHURAMPURA POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376(2)(n),201,506 OF IPC ALONG WITH SECTION 4,6,17 OF POCSO ACT. 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 accused No.1 under Section 483 of BNSS praying to grant bail in Spl.C.(POCSO) No.110/2024 (arising out of Crime No.69/2024 of Chitradurga Women Police Station) pending on the file of II Additional District and Sessions Judge, Chitradurga, registered for offences under Section 376(2)(n), 201, 506 of IPC and Section 4, 6, 17 of POCSO Act. 2. Heard learned counsel for petitioner, learned Additional SPP for respondent No.1/State and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:48961 CRL.P No. 12367 of 2025 3. Learned counsel for petitioner would contend that the petitioner is in judicial custody since 01.06.2024. The prosecution has already examined the victim, her mother and other prosecution witnesses and they have not supported the case of the prosecution. The petitioner is the only bread earner of the family. On these grounds, he prayed to allow the petition. 4. Learned counsel for respondent No.2 submits that respondent No.2 has no objection for grant of bail to the petitioner. 5. Per contra, learned Additional SPP for respondent No.1/State would contend that due to the act of this petitioner, the victim girl became pregnant. The product of conception along with blood samples of petitioner and victim girl have been sent for DNA test. The DNA test report indicates that the petitioner is the biological father - 4 - HC-KAR NC: 2025:KHC:48961 CRL.P No. 12367 of 2025 of the product of conception and victim girl is the mother. The victim girl in her statement recorded under Section 164 of Cr.P.C has specifically stated the acts of this petitioner committing sexual intercourse on her and threatening her not to disclose the same to anyone or otherwise her younger sister will die. The charge sheet material show prima-facie case against the petitioner for the offence alleged against him. The trial is in progress. The prosecution has to examine remaining prosecution witnesses. If the petitioner is granted bail, there are chances of him threatening the other prosecution witnesses who are yet to be examined. With these she prayed to reject the petition. 6. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2025:KHC:48961 CRL.P No. 12367 of 2025 7. The case of the prosecution as per charge sheet is that this petitioner/Accused No.1 is working in a Masjid. CW1, mother of the victim took CW.2 to accused No.1 for performing pooja as she was dull. The petitioner in the guise of performing pooja took the victim girl inside a room and had sexual intercourse on her. Due to the act of the petitioner, the victim girl became pregnant. There was delivery of a dead baby. The product of conception has been preserved and sent along with the blood samples of petitioner and the victim for DNA test. The DNA test report indicates that the petitioner is the biological father of the product of consumption and victim girl is biological mother. The victim girl in her statement recorded under Section 164 of Cr.P.C has specifically stated the acts of this petitioner having forcible sexual intercourse on her and threatening her not to disclose the same to anyone or otherwise her younger sister will die. The prosecution has already examined some witnesses and it has to examine - 6 - HC-KAR NC: 2025:KHC:48961 CRL.P No. 12367 of 2025 remaining charge sheet witnesses. The petitioner is a married man, aged 47 years. 8. Considering the above aspects the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 7 Ct.sm