- 1 - HC-KAR NC: 2025:KHC:45906 CRL.P No. 11836 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. 11836 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MANJUNATH PRASAD K AGED ABOUT 35 YEARS S/O KUTTI M K R/AT #1-116B, KATTATHADKA HOUSE SARVE VILLAGE, PUTTUR TALUK, D.K. PIN CODE – 574 202. …PETITIONER (BY SRI SUYOG HERELE E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH D.K WOMEN PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU- 560 001. 2. XXXXXXX AGED ABOUT 17 YEARS D/O HUKRAPPA R/AT SORAKE HOUSE SARVE VILLAGE, PUTTUR TALUK D.K. DISTRICT PIN CODE – 574 202. …RESPONDENTS (BY SMT. B PUSHPALATHA, ADDL. SPP FOR R1 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45906 CRL.P No. 11836 of 2025 V/O DTD. 11.11.2025, R2 ABSENT AND UNPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND DIRECT THE RESPONDENT D.K., WOMEN POLICE STATION TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CRIME No.26/2025 ON THE FILE OF THE LEARNED V ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE, D.K., MANGALURU SITTING AT PUTTUR IN S.C.No.5024/2025 REGISTERED BY D.K., WOMEN POLICE FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 64(2)(m) AND 351(3) OF BNS AND SEC.5(I) AND 6 OF POCSO ACT. 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 Crime No.26/2025of DK Women Police Station registered for offences punishable under Sections 64(2)(m), 351(3) of BNS and Sections 5(I) and 6 of Protection of Children from Sexual Offences Act, 2012 pending in S.C.No.5024/2025 on the file of V Additional District and Sessions and Special Judge, D.K. Mangalore sitting at Puttur. - 3 - HC-KAR NC: 2025:KHC:45906 CRL.P No. 11836 of 2025 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1 –State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for the petitioner would contend that the petitioner has not been furnished with grounds of arrest. In the charge sheet, there is no mention of having served grounds of arrest of the petitioner. In the remand order there is no mention of furnishing of grounds of arrest to the petitioner and it is a typed matter wherein blanks are filled up and mechanically, the Special Judge has passed remand order. He further submits that the alleged incident has taken place during August 2024 and thereafter the victim girl has went along with the petitioner 7 to 8 times till October -2024 and complaint has been filed on 05.04.2025. Therefore, there is a delay in filing the complaint. The petitioner is an auto -rickshaw driver having wife and parents. The petitioner is in judicial custody since 05.04.2025 and as the charge sheet is filed, - 4 - HC-KAR NC: 2025:KHC:45906 CRL.P No. 11836 of 2025 the petitioner is not required for custodial interrogation. With these, he prays to allow the petition and grant bail to the petitioner. 4. Per contra, learned Additional SPP for respondent No.1 –State would contend that the statement of the victim girl has been recorded under Section 183 of BNSS wherein she has specifically stated the acts of this petitioner having sexual intercourse on her forcibly and giving threat, again taken her 7-8 times and had sexual intercourse and due to which she became pregnant. The date of birth of the victim girl is 24.11.2008. The charge sheet materials show prima facie case against the petitioner for offenses alleged against him. If the petitioner is granted bail there is threat to the victim girl and other prosecution witnesses. With these, 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:45906 CRL.P No. 11836 of 2025 6. As per averments of the complaint filed by the victim dated 05.04.2025, her age as on that date is 16 years. She has stated that during August 2024, the petitioner who entered house in the guise of getting drinking water had forcible sexual intercourse on her and threatened not to disclose the same to anybody. Then subsequently he took her 7-8 times in his auto-rickshaw to a under-construction building and had sexual intercourse and last such act is done during October-2024. She has stated that she did not had period and when she examined by the doctor she is stated to be a pregnant of 7 months. In the averments of the complaint, the victim has stated that there was a threat given by the petitioner not to disclose the incident to anybody, due to which the victim might not have intimated regarding the act of the petitioner to anybody. The complaint came to be filed only after victim is found to be pregnant. The statement of the victim girl has been recorded under Section 183 of BNSS wherein also she has specifically stated the acts of the - 6 - HC-KAR NC: 2025:KHC:45906 CRL.P No. 11836 of 2025 petitioner having forcible sexual intercourse during August -2024 and also 7-8 times thereafter till October-2024 and she becoming pregnant due to act of the petitioner. In the said statement also, the victim girl has stated that there was a threat by the petitioner not to disclose the said act otherwise he will kill her. There is no any allegation of false implication of the petitioner. Considering said aspect, the delay in filing the complaint is not fatal to the case of the prosecution. The age of the victim is 16 years as on the date of alleged offence and her date of birth is 24.11.2008 as per her school records. In Cl.No.17 of charge sheet, it is mentioned that victim is pregnant and after she delivering a baby, the blood samples of the baby, victim and accused are required to be collected for DNA test. 7. Learned counsel for the petitioner submitted that victim girl has given birth to a child. Considering the same, the Investigating Officer has to take further investigation for getting DNA test done. Considering all - 7 - HC-KAR NC: 2025:KHC:45906 CRL.P No. 11836 of 2025 these aspects, there is a prima facie case against the petitioner for offences alleged against him. The offence alleged against him is punishable with imprisonment for 20 years. If the petitioner is granted bail, there is a threat to victim and other prosecution witnesses. 8. Learned counsel for the petitioner has raised another ground that the petitioner has not been furnished with the grounds of arrest. On perusal of remand application dated 05.04.2025, there is a mention that the police inspector has prepared checklist, grounds of arrest are mentioned. Four documents are enclosed with remand application which contains arrest mahazar, checklist, medical examination report, compliance of 11 points as per Supreme Court guidelines. What are other documents are produced along with remand application are not forthcoming from the documents produced by the learned counsel for the petitioner. Considering the gravity of the offence and the fact that the petitioner immediately made application for grant of bail itself indicate that he has been - 8 - HC-KAR NC: 2025:KHC:45906 CRL.P No. 11836 of 2025 disclosed with the grounds of arrest. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. 9. In the result the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 16 Ct.sm