- 1 - HC-KAR NC: 2025:KHC:45669 CRL.P No. 9021 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 9021 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: ARUN K S/O KUMAR AGED ABOUT 22 YEARS RESIDING AT KEELAGHATTA VILLAGE AND POST KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT – 571 402. …PETITIONER (BY SRI. AJAY S, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY RAMANAGARA WOMEN POLICE STATION RAMANAGAR TALUK AND DISTRICT – 562 159. THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001. 2. VICTIM GIRL REPRESENTED BY HER AUNT SMT. MALATHI W/O. SATHISH AGED ABOUT 37 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45669 CRL.P No. 9021 of 2025 RESIDING AT: NO. 288/2 MAGADI MAIN ROAD, KODIGENAHALLI BENGALURU CITY - 560 092. …RESPONDENTS (BY SMT. PUSHPALATHA.B, ADDL.SPP FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (U/S 483 BNSS) PRAYING TO GRANT BAIL IN THE ABOVE CASE IN CR.NO.153/2023 FOR THE OFFENCES P/U/S 376(2)(n), 376(3) OF IPC AND SECTION 4(2), 5(L) AND SECTION 6 OF POCSO ACT REGISTERED BY RAMANAGARA WOMENS’ POLICE STATION ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS COURT, RAMANAGARA DISTRICT, RAMANAGARA ON THE BASIS OF THE COMPLAINT GIVEN BY THE COMPLAINANT I.E VICTIM GIRL ON 30.12.2023 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - HC-KAR NC: 2025:KHC:45669 CRL.P No. 9021 of 2025 ORAL ORDER 1. This petition is filed by the sole accused under Section 439 of the Cr.PC praying to grant bail in Crime No.153 of 2023 of Ramanagara Women Police Station registered for the offences punishable under Sections 376(2)(n), 376(3) of IPC and Sections 4(2), 5(L) and Section 6 of the POCSO Act pending in Spl.Case (POCSO) No.38/2024 on the file of the learned Ist Additional District and Sessions Judge, Ramanagara. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent No.1/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. The learned counsel for the petitioner contended that, the prosecution is only relying on school records of the victim to establish her age but birth certificate is not produced. The statement of the victim has already been recorded, wherein, she has admitted that - 4 - HC-KAR NC: 2025:KHC:45669 CRL.P No. 9021 of 2025 that she is having love affair with the petitioner. The petitioner is in judicial custody since 30.12.2023. The victim and other witnesses have not appeared before the trial Court for giving evidence and the same is causing delay in the trial. The victim was of the age of understanding the consequences of her acts as on the date of alleged offence. There is no criminal antecedents of the petitioner. The petitioner is aged 22 years. On these grounds, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent No.1/State would contend that, the statement of the victim has already been recorded under Section 164 of Cr.P.C, wherein, she has stated that she was in love with the petitioner since one year and she became pregnant due to the act of the petitioner. She further submits that DNA test report would indicate that the petitioner is biological father of the fetus and the victim girl is the biological mother of the fetus. The charge sheet materials shows a prima facie case - 5 - HC-KAR NC: 2025:KHC:45669 CRL.P No. 9021 of 2025 against the petitioner for the offences alleged against him. If the petitioner is granted bail, there are chances of tampering the prosecution witnesses and flee from justice. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per the statement of the victim girl recorded under Section 164(5) of Cr.P.C, the victim girl was in love with the petitioner, she was called by the petitioner and she went along with him. Even the victim in her statement before the police has stated that she was in love with the petitioner since last one year. Due to the act of the petitioner, the victim girl became pregnant and her pregnancy has been terminated. The DNA test report indicate that the petitioner is biological father of the fetus and victim girl is biological mother of the fetus. The petitioner is in judicial custody since 30.12.2023. - 6 - HC-KAR NC: 2025:KHC:45669 CRL.P No. 9021 of 2025 7. The learned counsel for the petitioner submitted that the victim girl and other prosecution witnesses are not appearing for recording their evidence and that is causing delay in the trial. The mahazar witnesses are examined as PWs.1 and 2. Considering the said aspect, disposal of the case registered against the petitioner would take a long time. The petitioner is aged 22 years and he is not having any criminal antecedents. 8. 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 granted bail in Crime No.153 of 2023 of Ramanagara Women Police Station, Ramanagara District, Ramanagara pending in Spl.Case (POCSO) No.38/2024 on the file of the learned Ist Additional District and Sessions Judge, Ramanagara registered for - 7 - HC-KAR NC: 2025:KHC:45669 CRL.P No. 9021 of 2025 the offences punishable under 376(2)(n), 376(3) of IPC and Sections 4(2), 5(L) and 6 of the POCSO Act, 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; 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 with speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE UN List No.: 1 Sl No.: 6