- 1 - HC-KAR NC: 2025:KHC:45905 CRL.P No. 5566 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. 5566 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI RAVIKUMAR @ KUMAR S/O LATE MARIMADEGOWDA AGED ABOUT 42 YEARS R/AT GOWDAGERE, MALURU HOBLI CANNAPATNA TALUK RAMANAGARA DISTRICT KARNATAKA-562 160 …PETITIONER (BY SRI C G GOPALA SWAMY SENIOR COUNSEL FOR SRI BHARGAV G, ADVOCATE) AND: 1. STATE OF KARNATAKA BY M K DODDI P.S., RAMANAGARA DISTRCT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. SHRUTHI W/O MAHESH AGED ABOUT 35 YEARS R/AT GOWDAGERE VILLAGE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45905 CRL.P No. 5566 of 2025 MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRCT - 562 160. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 SMT. HIRANMAYI, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (U/S 483 OF BNSS) PRAYING TO RELEASE HIM ON BAIL IN SPL.C.No.184/2024 (ARISING OUT OF CRIME No.92/2024 OF M.K.DODDI POLICE STATION) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 329(4), 351(2), 64 (2)(m), 65(1) OF BNS ACT, 2023 AND UNDER SECTION 4(2), 5(L)(J)(II), 6 OF POCSO ACT, 2012. THIS PETITION, COMING ON FOR FURTHER HEARING 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 BNSS praying to grant bail in Spl.C.No.184/2024 arising out of Crime No.92/2024 of M.K Doddi Police Station registered for offences punishable under Sections 329(4), 351(2), 64(2)(m), 65(1) of BNS and Section 4(2), 5(L)(J)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 pending on the - 3 - HC-KAR NC: 2025:KHC:45905 CRL.P No. 5566 of 2025 file of III Additional District and Sessions Judge, Ramanagara. 2. Heard learned Senior Counsel for the petitioner and learned High Court Government Pleader for the respondent- State. 3. Learned Senior Counsel for the petitioner would contend that the mother of the victim has filed a complaint on 29.10.2024 wherein there is mention of victim getting a period on 27.10.2024 and considering the same there is no question of any pregnancy of the victim. Even though the retained product of conception has been seized under mahazar dated 07.11.2024, DNA test has not been conducted till date. The petitioner is in custody since 30.10.2024 and as the charge sheet is filed, he is not required for custodial interrogation. The petitioner is suffering from TB and he requires treatment in higher centers. With this he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:45905 CRL.P No. 5566 of 2025 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the victim is aged 13 years as on the date of offence. Due to the act of this petitioner, she became pregnant and there was abortion and retained products of conception i.e., fetus and other articles given by the doctor have been seized under mahazar. The blood sample of the petitioner has been collected on 03.09.2025 and sent for DNA test. The DNA test is yet to be received. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. The case is at the stage of hearing before charge. If the petitioner is granted bail, there is a threat to the victim and other prosecution witnesses. With this she prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2025:KHC:45905 CRL.P No. 5566 of 2025 6. The statement of the victim girl recorded on 30.10.2024 indicates that the petitioner had forciable sexual intercourse on her in the cow shed and subsequently he also did the same and gave threat to the victim not to disclose the same otherwise he will kill her mother and sister. The victim girl is aged 13 years, studying in 7th Standard. The retained product of conception preserved by the doctor seized under mahazar dated 07.11.2024 along with the blood sample of the petitioner has been sent for DNA test. The DNA report is yet to be received. Considering the above aspects, there is a prima facie case against the petitioner for offences alleged against him. The petitioner who is stated to have suffering from TB has been treated in different hospitals. The petitioner can be given treatment by the jail authorities by taking him to different hospitals. Considering the above aspect, the petitioner at this stage has not made out any grounds for grant of bail. - 6 - HC-KAR NC: 2025:KHC:45905 CRL.P No. 5566 of 2025 7. In the result, the petition is dismissed. The petitioner is at liberty to move the bail application before Special Court after receipt of DNA report and also on medical grounds. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 1 Ct.sm