- 1 - HC-KAR NC: 2025:KHC:46184 CRL.P No. 13559 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. 13559 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MANIGANDAN @ MANI S/O. NAGESH @ SATHISH, AGED ABOUT 20 YEARS, R/O. NEAR PENIEL CHURCH, SANJAYAGANDI NAGARA, ROBERTSONPET, KGF-563 113. …PETITIONER (BY SRI. CHIKKANNA Y R, ADVOCATE FOR SRI ANAND R.V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KYASAMBALLI POLICE, BETHAMANGALA CIRCLE, KGF-563 113, REP BY STATE PUBLIC PROSECUTOR, ATTACHED HIGH COURT BUILDINGS, BENGALURU-560 001. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46184 CRL.P No. 13559 of 2025 2. XXXXXX MINOR, REP BY HER COUSIN SISTER, (NEXT FRIEND)/CW2, SMT. VANI, W/O. SATISH, AGED ABOUT 25 YEARS, R/O. MARADAGHATTA VILLAGE, KYASAMBALLI HOBLI, KGF, KOLAR DISTRICT-563 113. …RESPONDENTS (BY SMT.PUSHPALATHA B, ADDL. SPP FOR R1, R2 SERVED - UNRERPESETNED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.CASE (POCSO) NO.40/2025 (CR.NO.16/2025 KYASAMBALLI P.S. K.G.F) FOR THE OFFENCE PUNISHABLE UNDER SECTION 64(2)(m) OF BNS 2023 AND SEC.6 OF POCSO ACT (PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) AT KOLAR. 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 accused No.2 under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in Special Case (POCSO) No.40 of 2025, (Crime No.16 of 2025 of Kyasamballi Police Station, KGF) registered for the offences punishable under Section 64(2) - 3 - HC-KAR NC: 2025:KHC:46184 CRL.P No. 13559 of 2025 of BNS, 2023 and Section 6 of POCSO Act, 2012 pending on the file of the learned Additional District and Sessions Judge, FTSC-1 (POCSO) at Kolar. 2. The respondent No.2 even after receipt of notice remained absent and unrepresented. 3. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent No.1 - State. 4. The learned counsel for the petitioner would contend that, even though the victim girl has stated the name of the petitioner in her complaint, but she has not stated any acts of this petitioner in her statement recorded under Section 183 of BNS, 2023. There are no other materials in the charge sheet to indicate the alleged acts of the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:46184 CRL.P No. 13559 of 2025 5. Per contra, the learned Additional State Public Prosecutor for the respondent No.1/State would contend that, the victim girl has stated the acts of this petitioner in her complaint. The victim girl has not stated any acts of this petitioner in her statement recorded under Section 183 of BNS, 2023. The victim girl, who was pregnant of twenty eight weeks as on the date of complaint, has now given birth to a male child about four months ago, and collection of blood samples for DNA test to be sent to FSL for examination is under process. 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 the charge sheet, the case of the prosecution is that, accused No.1, who came in contact with the victim girl, took her on his two wheeler during March 2024 to a eucalyptus tree grown area, and had - 5 - HC-KAR NC: 2025:KHC:46184 CRL.P No. 13559 of 2025 forcible sexual intercourse on her, and thereafter, he did the same after two months and another one month, and as a result, she became pregnant. The case against this petitioner/accused No.2 is that, she came in contact with this petitioner in his workplace, and during November, 2024 till January 2025 he had sexual intercourse on her in his house. 8. The victim girl has stated the acts of accused Nos.1 and 2 committing sexual intercourse on her. But the victim girl has not stated the acts of this petitioner having sexual intercourse on her in her statement recorded under Section 183 of BNS, 2023. She has not whispered the name of this petitioner/accused No.2 in her statement recorded under Section 183 of BNS, 2023. As submitted by the learned Additional State Public Prosecutor now the victim girl has given birth to a male child about four months ago, and the collection of blood sample for DNA test to be sent to FSL for examination is under process. Considering the said aspect, at this stage, the - 6 - HC-KAR NC: 2025:KHC:46184 CRL.P No. 13559 of 2025 petitioner/accused No.2 has made out a case for grant bail with conditions. If the petitioner is found to be biological father of the child born to the victim in DNA test report, then bail granted to him stands cancelled. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special Case (POCSO) No.40 of 2025 (Crime No.16 of 2025 of Kyasamballi Police Station) registered for the offences punishable under Section 64(2) of BNS, 2023 and Section 6 of POCSO Act, 2012 pending on the file of the learned Additional District and Sessions Judge, FTSC-1 (POCSO) at Kolar subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2025:KHC:46184 CRL.P No. 13559 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. If the petitioner is found to be biological father in DNA test report of the child born to the victim, the bail granted to him stands cancelled. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 2