- 1 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12809 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. JYOTHI.K, W/O. CHANDRASHEKAR AGED 43 YEARS R/AT. NO. 9, GOKULA NILAYA BASAVANNA TEMPLE ROAD KADIGODI, BANGALORE. …PETITIONER (BY SRI. P.P.HEGDE, SENIOR ADVOCATE FOR SMT.VINITHA P.C..,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIVEKNAGAR POLICE STATION VIVEKNAGAR, BANGALORE-560047 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. DR.AMBIKA SHANKAR SENIOR RESIDENT OBSTETRICS AND GYNECOLOGY ST. JOHN MEDICAL COLLEGE HOSPITAL BENGALURU CITY, KARNATAKA 560051. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 3. PRIYANKA TAPARIYA W/O HRIDAYA TAPARIYA, R.AT NO. 229, 8TH CROSS, S.T. BED LAYOUT, KORMANGALA, BENGALURU CITY PIN CODE - 560 035. (AMENDED CAUSE TITLE AS PER ORDER DATED 10.10.2025) …RESPONDENTS (BY SMT.B PUSHPALATHA, ADDL. SPP FOR R1, NOTICE TO R-2 V/O DTD 12.11.2025, NOTICE TO R-3 H/S V/O DTD 12.11.2025) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER ENLARGING HIM ON BAIL IN CR NO.0123/2025 (POCSO) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 127(1), 351 OF THE BNS 2023 AND SECTION 4(2), 6 OF THE 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 the sole accused under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in Crime No.123 of 2025 of Viveknagara Police Station registered for the offences punishable under Sections 127(1), 351 of Bharatiya Nyaya Sanhita, 2023, and Section 4(2), 6 of Protection Of Children From Sexual Offences Act, 2012. - 3 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 2. Heard the learned Senior Counsel for the petitioner and learned Additional State Public Prosecutor for respondent No.1/State. 3. The notice has been served on respondent No.3, mother of the victim. 4. The learned Senior counsel for the petitioner would contend that: a) The petitioner is a woman aged 43 years, and she is working as a teacher in a Bethani Special school for special child. The alleged incident is stated to have taken place on 01.07.2025, and complaint has been filed on 31.07.2025, and there is a delay in filing complaint. The complaint has not been filed by the mother, but it has been filed by the doctor, who examined the victim girl. It has been a remand application for the first time, it is alleged that a pencil has been inserted in vagina. But in the complaint and other documents, it is stated as a butt. The parents have not stated the name of a person, who has committed the alleged act till 07.07.2025. - 4 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 b) As per statements of the teachers, who were working in the said school, indicate that the teachers were not taking the children to the toilet. The victim is having a disability, and one of such disabilities is lissencephaly, and it is stated to be a smooth brain. Therefore, the victim is not in such a condition to say what happened to her, and who did the said act. The petitioner is innocent, and she has been falsely implicated in the case. There is no sexual intent, since the petitioner is a woman and victim is also a female child. As the charge sheet has been filed, she is not required for custodial interrogation. c) On reading definition of penetrative sexual assault contained in Section 3 of the POCSO Act, 2012. It is gender specific as the word used is ‘he’. The said aspect is pending consideration before the Hon'ble Apex Court in Special Leave to Appeal (Crl.) No.15777/2025. As the petitioner is in judicial custody since 01.08.2025, she is not required for further custodial interrogation. The petitioner is a woman and she is having two daughters. With this, he prayed to allow the petition. 5. Per contra, The Additional State Public Prosecutor for the respondent/State would contend that, - 5 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 the statement of the victim girl has been recorded under Section 183 of BNSS, 2023 wherein the victim girl, who is a special child, has answered all the questions, identified colours, disclosed friends name, number of teachers and the name of teacher, who hurts her, and disclosed name of this petitioner, who hurts her. The victim has stated where she was hurt and she has pointed out her vagina as a place of hurt. The victim is aged ten years, but she is having mentality of child aged 5 to 6 years. The medical examination report indicates that there is an injury to the vagina of the victim girl. There is no enmity between the victim, her parents, and the petitioner accused. 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. The victim girl is aged ten years, and as per Certificate of Disability, she is a person with multiple disabilities arising from epilepsy, and her condition is - 6 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 progressive. The petitioner is a teacher working in the school in which the victim girl is studying. There are three teachers working in the said school. The statement of witnesses namely the teachers indicate that the teachers were not taking the students to toilet/bathroom. 8. The contention of the learned Senior Counsel is that, since the petitioner/accused is a woman, and the victim child is also girl child, there is no any sexual intent on the part of the petitioner. Whether the definition of penetrative sexual assault contained in Section 3 of POCSO Act, 2012 is gender specific or not is pending consideration before the Hon'ble Apex Court in a special leave to appeal noted above. 9. The petitioner is a woman aged 43 years having two daughters. She is in judicial custody since 01.08.2025. As the charge sheet is filed, she is not required for further custodial interrogation. The petitioner has undertaken to abide by any conditions to be imposed - 7 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 by this Court. There are no criminal antecedents of the petitioner. 10. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in Crime No.123/2025 of Viveknagara Police Station registered for the offences punishable under Section 127(1), 351 of Bharatiya Nyaya Sanhita, 2023 and Section 4(2), 6 of Protection Of Children From Sexual Offences Act, 2012 subject to following conditions: a) The petitioner 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. - 8 - HC-KAR NC: 2025:KHC:46185 CRL.P No. 12809 of 2025 b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner 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 BKM List No.: 1 Sl.No.: 1