- 1 - HC-KAR NC: 2025:KHC:46567 CRL.P No. 14099 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. 14099 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. TEJAS. M, S/O MUTTURAJ, AGED ABOUT 18 YEARS, R/O MUTTURAYANAPURA VILLAGE, HAROHALLI HOBLI AND TALUK, RAMANAGARA DISTRICT PIN 562159. …PETITIONER (BY SRI. A.N. RADHA KRISHNA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HAROHALLI POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SMT. GOWRAMMA, W/O GANESH MURTHY, AGED ABOUT 34 YEARS, R/AT BETTAHALLI KAVAL VILLAGE, HAROHALLI HOBLI AND TALUK, RAMANAGARA DISTRICT. - 562159 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46567 CRL.P No. 14099 of 2025 (MOTHER OF THE VICTIM) …RESPONDENTS (BY Smt.B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRL.NO.57/2025 OF HAROHALLI POLICE FOR OFFENCES PUNISHABLE UMDER SECTIONS 64(2)(m), 65(1) OF BNS 2023 AND U/S 4(2), 5(L), 5(J) AND 6 OF THE POCSO ACT NOW PENDING IN SPL.CASE NO.76/2025 PENDING ON THE FILE OF THE LEARNED 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT RAMANAGARA. 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 Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.57 of 2025 of Harohalli Police Station registered for the offences punishable under Sections 64(2)(m), 65(1) of BNS, 2023 and Sections 4(2), 5(L), 5(J) and 6 of Protection of Children From Sexual Offences Act, 2012 pending in Special Case No.76/2025 on the file of the learned First Additional District and Sessions Judge and Special Judge at Ramanagara. - 3 - HC-KAR NC: 2025:KHC:46567 CRL.P No. 14099 of 2025 2. Heard the learned counsel for the petitioner and the Additional State Public Prosecutor for the respondent No.1/ State. 3. Respondent No.2 is present and she prays not to grant bail to the petitioner. 4. The learned counsel for the petitioner would contend that, the petitioner is aged 18 years, and the victim girl is aged about fifteen years seven months as on the date of offence. Both the petitioner and the victim girl are young, and they are not aware of consequences of their acts. The statement of the victim girl recorded under Section 183 of BNSS, 2023 indicates that, the petitioner and the victim girl were loving each other. The victim girl gave history before the doctor that, she and the petitioner came in contact through instagram, and met each other. During July 2024, in a temple, they continued to talk to each over phone. At the request of the petitioner, she went to his house, where he was staying alone, where - 4 - HC-KAR NC: 2025:KHC:46567 CRL.P No. 14099 of 2025 they had sexual intercourse seven to eight times. She was examined in a private clinic, and she was diagnosed to be pregnant. As the charge sheet is filed, the petitioner is not required for custodial interrogation. Considering the age of the petitioner, he is entitled for grant of bail. With this, he prayed to allow the petition. 5. Per contra, the learned Additional State Public Prosecutor would contend that, the victim girl in her statement before the police and also in her statement recorded under Section 183 of BNSS, 2023 has specifically stated that, in spite of her resistance, the petitioner had sexual intercourse on her, and due to the said act, she became pregnant. The pregnancy has been terminated, and the foetus was preserved, and it was sent along with the blood samples of the petitioner and the victim girl for DNA test. The DNA test report indicates that, the petitioner is biological father of the foetus, and the victim is biological mother. The charge sheet shows a prima facie - 5 - HC-KAR NC: 2025:KHC:46567 CRL.P No. 14099 of 2025 case against the petitioner for the offences alleged against him. With this, she prayed for rejection of the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. As per charge sheet, the case of the prosecution is that, the petitioner was following the victim girl when she was going to school, and from November, 2024 to January, 2025 the petitioner instigating the victim girl took her to his shed, and in spite of her resistance, he had sexual intercourse on her, due to which, she became pregnant. 8. The foetus preserved after termination of pregnancy has been sent along with blood samples for DNA test. The DNA test indicates that, the petitioner is biological father of the foetus and the victim girl is biological mother of the foetus. The victim girl was aged fifteen years seven months as of the date of offence. - 6 - HC-KAR NC: 2025:KHC:46567 CRL.P No. 14099 of 2025 9. Considering the above aspects, there is a prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there are chances of him threatening the victim and other prosecution witnesses. Considering the said aspects, the petitioner has not made out any case for grant of bail. In the result, the following: ORDER The petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2