- 1 - HC-KAR NC: 2025:KHC:43800 CRL.P No. 13478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13478 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHRI SRINIVASULU S/O. SHRI. VENKATASWAMY AGED ABOUT 63 YEARS RESIDING AT No. 26-122/2 KONETI PALYAM, PUNGANUR CHITOOR ANDHRA PRADESH - 517 247. …PETITIONER (BY MS.RACHANA P PIRE, ADVOCATE FOR SRI UMASHANKAR M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGALURU POLICE STATION BENGALURU RURAL DISTRICT BENGALURU. NOW REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. SUDHARANI. M W/O. RAGHUNANDAN AGED ABOUT 32 YEARS, RESIDING AT No. 63, 2ND FLOOR SRI. LAKSHMI VENKATESHWARA NILAYA NEAR REVA UNIVERSITY BACK GATE, KATTIGENAHALLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43800 CRL.P No. 13478 of 2025 YELAHANKA TALUK, BENGALURU - 560 064. …RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 R2 IS SERVED , BUT UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT SOUTH WOMEN POLICE TO RELEASE THE PETITIONER IN CR.No.191/2025, PENDING ON THE FILE OF THE HON’BLE (FTSC-I), BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(b),3(c) AND 5(m) OF THE POCSO ACT, 2012 PUNISHABLE UNDER SECTIONS 4(2) AND 6 OF THE POCSO ACT, 2012 AND ETC., 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 BNSS to grant bail in Cr.No.191/2025 of Bagalur Police Station registered for offences under Section 6, 3(b), 3(c), 4(2), 5(m) of POCSO Act, 2012. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that the first informant is the tenant under the co-brother of - 3 - HC-KAR NC: 2025:KHC:43800 CRL.P No. 13478 of 2025 the petitioner and there were landlord - tenant disputes and therefore, petitioner has been falsely implicated in the case. The petitioner is ready to co-operate with further investigation and abide by the terms and conditions to be imposed by this court. The co-brother of the petitioner has informed the police by his letter regarding the first informant and other persons coming to his house and making galata. With these she prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that the victim girl is aged 4 years 3 months and petitioner/accused is aged 63 years. The statement of the victim girl has been recorded under Section 183 of BNSS wherein she has specifically stated the acts of this petitioner sexually assaulting her. The doctor who examined the victim girl has noted the redness present in labia minora and there is fresh tear near fourchette. The FSL report indicates that the underwear of this petitioner, - 4 - HC-KAR NC: 2025:KHC:43800 CRL.P No. 13478 of 2025 which is sent for examination, is detected with seminal stains. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The mother of the victim girl gave first information and based on which a case came to be registered against the petitioner in Crime No.191/2025 of Bagalur Police Station for the aforesaid offences. The said first information has been filed as per information given by the victim to her mother who is first informant. The statement of the victim girl has been recorded by the Judicial Magistrate under Section 183 of BNSS, wherein victim girl has specifically stated sexual assault by this petitioner on her. The doctor who examined the victim girl has noted redness present over labia minora and there is fresh tear near fourchette present. Investigation is in progress. Considering all above aspects, there is a Prima facie case against the petitioner. Therefore, the petitioner has not - 5 - HC-KAR NC: 2025:KHC:43800 CRL.P No. 13478 of 2025 made out any grounds for grant of bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 15 Ct.sm