- 1 - HC-KAR NC: 2025:KHC:47116 CRL.P No. 13898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13898 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI ADHI NARAYANA S/O SRI RAMAPPA AGED ABOUT 39 YEARS R/AT D KOTHAPPALLI GORTHAPALLI POST, GULUR HOBLI, BAGEPALLI TALUK-561 207. CHIKKABALLAPURA DISTRICT …PETITIONER (BY SRI. KANTHARAJAPPA M G, ADVOCATE) AND: 1. STATE BY POLICE SUB- INSPECTOR BAGEPALLI POLICE STATION BAGEPALLI – 561 207. CHIKKABALLAPURA DISTRICT REP. BY HIGH COURT SPP HIGH COURT BUILDING BENGALURU-560 001. 2. SMT. NAVYA W/O SOMASHEKAR AGED ABOUT 24 YEARS R/AT JALADENAHALLI VILLAGE SHETTYHALLI POST CHINTHAMANI TALUK-563 125. CHIKKABALLAPURA DISTRICT …RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 SRI A M YASHAVANTH SWAMY, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47116 CRL.P No. 13898 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO GRANT BAIL TO THE PETITIONER IN RESPECT OF IN SPL.SC.No.191/2024 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 323,506,376(2)(N) OF IPC AND SECTION 4,6 OF POCSO ACT OF BAGEPALLI POLICE STATION, BAGEPALLI CHIKKABALLAPURA DISTRICT, PENDING ON THE FILE OF THE ADDL DISTRICT AND SESSIONS COURT F.T.S.C-I. AT CHIKKABALLAPURA IN SPL.S.C.No.191/2024 BY ALLOWING THIS PETITION. 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 praying to grant bail in Spl.SC.No.191/2024 pending on the file of Additional District and Sessions Court, FTSC-1, Chikkaballapura registered for the offences under Sections 323, 506, 376(2)(n) of IPC and Section 4 and 6 of the POCSO Act. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent No.1/State and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:47116 CRL.P No. 13898 of 2025 3. Learned counsel for respondent No.2 submits no objection to grant bail to the petitioner. 4. Learned counsel for petitioner would contend that earlier petitioner had approached this Court in Crl.P.No.7662/2025 and in that, he has withdrawn the petition with a liberty to file fresh bail application after examination of the victim. He further submits that now victim girl has been examined as PW.1 and she has not supported the case of the prosecution. With these, he prayed to allow the petition. 5. Per contra, learned Additional SPP would contend that due to the act of this petitioner the victim girl became pregnant. Her pregnancy came to be terminated and fetus has been preserved. The fetus along with the blood samples have been sent for DNA test. The DNA test report indicates that this petitioner is the biological father of the fetus and victim is the biological mother of the fetus. The victim girl has stated the acts of this petitioner in her statements. The Doctor who examined the victim girl has - 4 - HC-KAR NC: 2025:KHC:47116 CRL.P No. 13898 of 2025 noted that her hymen is ruptured. There is a prima-facie case against the petitioner. With this she prayed to reject the petition. 6. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 7. The victim girl now has been examined as PW.1 and she has not supported the case of the prosecution. The petitioner is in custody since 09.11.2024. The DNA test report indicates that the petitioner is the biological father of the fetus and the victim girl is the biological mother of the fetus. The victim girl has stated in her evidence that she do not know who is responsible for her pregnancy and she has not identified the accused. The trial is in progress. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: - 5 - HC-KAR NC: 2025:KHC:47116 CRL.P No. 13898 of 2025 ORDER Petition is allowed. The petitioner is granted bail in Spl.SC.No.191/2024 pending on the file of the Additional District and Sessions Court, FTSC-1, Chikkaballapura, subject to following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum, to the satisfaction of the trial Court. (ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) 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 DKB List No.: 1 Sl No.: 58 Ct.sm