- 1 - HC-KAR NC: 2025:KHC:52158 CRL.P No. 12005 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12005 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. PRABHU, SON OF LATE RAMANJINAPPA, AGED ABOUT 23 YEARS, RESIDING AT NEAR GANESH TEMPLE, KOTHNURU DINNE, JP NAGAR 8TH STAGE, BENGALURU - 560 076. …PETITIONER (BY SRI. KUSHAL GOWDA, ADVOCATE FOR SRI ABHINAY Y T.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. VENKATESH, SON OF TOPAIAH, AGED ABOUT 37 YEARS AND RESIDING AT #125, 3RD CROSS, OPP. BBMP PARK, NARAYANAPURA, BENGALURU - 571 455. …RESPONDENTS (BY SMT.B PUSHPALATHA, ADDL. SPP, R2 - SERVED AND PRESENT IN O/C/H) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52158 CRL.P No. 12005 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONER IN SPL.CC.NO.986/2025 ARISING OUT OF CR.NO.158/2025 REGISTERED BY MAHADEVAPURA P.S., PENDING ON THE FILE OF HONBLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-V, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 127(2), 137(2), 65(1) OF BNS, UNDER SECTIONS 4(2) AND 6 OF POCSO ACT, 2012. 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 Nagarika Suraksha Sanhita, 2023 paying to grant bail in Spl. CC No.986/2025 pending on the file of the learned Additional City Civil and Sessions Judge FTSC- V, Bengaluru registered for the offences punishable under Sections 127(2), 137(2), 65(1) of Bharatiya Nyaya Sanhita, 2023 and Section 4(2) and Section 6 of POCSO Act, 2012 (arising out of Crime No.158/2025 of Mahadevpura Police Station). 2. Heard the learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. - 3 - HC-KAR NC: 2025:KHC:52158 CRL.P No. 12005 of 2025 3. Respondent No.2 is present and prays not to grant bail to the petitioner. 4. The learned counsel for petitioner would contend that, the petitioner is aged 23 years, and he is in judicial custody since 15.03.2025. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The father of the victim earlier had filed a missing complaint. Subsequently on the statement of the victim girl, the offences under POCSO Act has been invoked against the petitioner. With this, he prayed to allow the petition. 5. Per contra, the learned Additional State Public Prosecutor for the respondent/State would contend that, the date of birth of the victim girl is 13.03.2010, and as on the date of incident, she was aged 15 years. The victim girl in her statement before the police and also in a statement under Section 183 of BNS, 2023, has stated the acts of this petitioner, taking her forcible and having - 4 - HC-KAR NC: 2025:KHC:52158 CRL.P No. 12005 of 2025 forcible sexual intercourse on her. The medical records indicate that, her hymen is ruptured, and doctor has opined that sexual assault cannot be ruled out. The charge sheet materials show prima facie case against the petitioner. With this, she prayed to reject the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. As per school records, the date of birth of the victim girl is 13.03.2010. The alleged incident has taken place on 13.03.2025 and as on that date, she was aged 15 years. The victim girl in her statement before the police and also before the learned Magistrate under Section 183 of BNS, 2023 has stated the acts of this petitioner forcibly taking her to his house, and having forcible sexual intercourse on her by blackmailing her. The doctor, who examined the victim girl, has opined that the hymen of the victim is absent, and opined that sexual assault cannot be - 5 - HC-KAR NC: 2025:KHC:52158 CRL.P No. 12005 of 2025 ruled out. The victim girl in the history given before the doctor has stated that the petitioner took her to his house by blackmailing her, and had sexual intercourse with her forcibly. 8. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the following: ORDER The Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 24