- 1 - HC-KAR NC: 2026:KHC:34058 CRL.P No. 3479 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3479 OF 2026 BETWEEN: SUBASH @ SUBHASH S/O KRUPALSINGH, AGED ABOUT 40 YEARS, LABOURER, R/AT KAMADENU DAIRY FARM, MATTIHALLI, KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT NATIVE OF SALAMPUR, BULANDARSHAHAR, UTTAR PRADESH …PETITIONER (BY SRI. SHARATH KUMAR G.M., ADVOCATE FOR SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HONNAVALLI POLICE, REP BY S P P, HIGH COURT CAMPUS, BANGALORE - 560 001 2. VICTIM GIRL D/O SUBASH, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34058 CRL.P No. 3479 of 2026 AGED ABOUT 15 YEARS, REP BY HER MOTHER SHASHIDEVI W/O SUBASH R/AT KAMADENU DAIRY FARM, MATTIHALLI, KASABA HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT NATIVE OF SALAMPUR, BULANDARSHAHAR, UTTAR PRADESH …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 VIDE ORDER DATED 18.06.2026, NOTICE TO R2 IS H/S) THIS CRL.P IS FILED U/S 439 CR.P.C. (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS BAIL PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.695/2024 ARISING OUT OF CR.NO.86/2024 REGISTERED WITH RESPONDENT HONNAVALLI P.S. FOR AN OFFENCE P/U/S 376(2)(f), 376(2)(i)(n) OF IPC AND SEC.6 OF POCSO ACT PENDING ON THE FILE OF HONBLE ADDL.DISTRICT AND SESSIONS JUDGE (FTSC-1) AT TUMAKURU IN WHICH THIS PETITIONER IS ARRAYED AS ACCUSED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2026:KHC:34058 CRL.P No. 3479 of 2026 ORAL ORDER Accused in Special C.C.No.695/2024 pending before the Court of Additional District and Sessions Judge (FTSC- 1), Tumakuru, arising out of Crime No.86/2024 registered by Honnavalli Police Station, Tumakuru for the offences punishable under Section 376(2)(f), 376(2)(i)(n) of IPC and Section 6 of POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.86/2024 was registered by Honnavalli Police Station, Tumakuru for the aforesaid offences against the petitioner herein, based on first information dated 03.09.2024 received from Smt.B.N. Prema, Supervisor of Women and Child Welfare Department, Tumakuru. During the course of investigation, the petitioner herein was arrested on 05.09.2024 and remanded to judicial custody. After - 4 - HC-KAR NC: 2026:KHC:34058 CRL.P No. 3479 of 2026 completing investigation, charge sheet has been filed against the petitioner for alleged offences. His bail application filed before the Trial Court in Crl.Misc.No.1510/2025 was rejected on 04.11.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl aged 14 years is the daughter of the petitioner. Allegation against the petitioner is that he had criminally intimidated her and had forcible sexual intercourse with her and as a result, the victim girl had become pregnant. The victim girl has made allegation against the petitioner during the course of her statement recorded under Section 164 of Cr.P.C. The DNA test report of the foetus clearly shows that the petitioner is the biological father. Though, during the course of trial, the victim has not supported the case of the prosecution, this Court cannot ignore the DNA test report, which prima facie establishes that the petitioner is the cause for the - 5 - HC-KAR NC: 2026:KHC:34058 CRL.P No. 3479 of 2026 pregnancy of the victim girl aged 14 years who is none other than his daughter. 5. Under the circumstances, the following: O R D E R The criminal petition is hereby dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE AMM List No.: 1 Sl No.: 39