- 1 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 15574 OF 2025 BETWEEN: GANGARAJU V.C, S/O CHIKKAVENKATAPPA, AGED ABOUT 20 YEARS, RESIDING AT VARADAYYAGARIPALLI, BAGEPALLI TALUK CHIKKABALLAPURA - 561 207. &PETITIONER (BY SRI. NARAYANA REDDY J, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGEPALLI POLICE STATION, CHIKKABALLAPURA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. BIBIJAN W/O GANGADARI.V AGED ABOUT 35 YEARS, RESIDING AT VARADAYYAGARIPALLI, BAGEPALI TALUK, CHIKKABALLAPURA - 561 207. &RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. GANGARAJU C, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ ACCUSED NO. 1 ON BAIL IN SPL. C.C.NO. 112/2025 (ARISING OUT OF CRIME NO. 168/2025) OF BAGEPALLI POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 65(1), 77, 351(2) OF THE BHARATIYA NYAYA SANHITA AND SECTION 4(2), 5(n), 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND SECTION 66(E) OF INFORMATION TECHNOLOGY ACT PENDING ON THE FILE OF HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Narayana Reddy J., learned counsel appearing for the petitioner, Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1-State and Sri. Gangaraju C., learned counsel appearing for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 2. Petitioner is accused No. 1 in respect of Crime No.168 of 2025 of Bagepalli Police Station, which is now pending in Spl.S.C No.112 of 2025 on the file of Special Judge, Chikkaballapura. 3. The petitioner has approached this Court with the following prayer: "Wherefore, it is humbly prayed that this Hon'ble Court may kindly be pleased to allow the petition and release the petitioner/accused No.1 on bail in Spl.C.C.No.112 of 2025 (arising out of Crime No.168/2025) of Bagepalli Police Station for the alleged offences punishable under Section 65(1), 77, 351(2) of the Bharatiya Nyaya Sanhita and Section 4(2), 5(n), 6 of the Protection of Children from Sexual Offences Act and Section 66(E) of Information Technology Act pending on the file of Additional District and Sessions Judge, FTSC-I, Chikkballapura, in the interest of justice" 4. Facts of the case are as under: 4.1 Victim girl is the step daughter of accused No.2. As per the complaint averments, on 02.01.2025, at about 8.30 p.m. in the guise of returning the cup given by CW2, present petitioner cajoled the victim girl - 4 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 to enter his house wherein he has shown a video clip which has been secretly recorded by him when the victim girl was bathing. So showing the video clip, he blackmailed the victim girl and had forcible sexual intercourse with her. 4.2 Again on 03.01.2025 in an unknown place, he blackmailed the victim girl and had sexual intercourse at about 02.00 p.m. 5. Being afraid of the repeated blackmailing, victim girl reported the incident to accused No.2 who is her step father. Accused No.2 scolded accused No.1 and taking advantage of hapless condition of the victim girl, after sending the other children out for playing, accused No.2 also said to have had the forcible sexual intercourse with the victim girl. 6. In this regard, a complaint came to be lodged with the jurisdictional police on 15.05.2025 and after - 5 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 that medical examination of the victim girl has been conducted. Later on, there was an abortion to the victim girl and DNA samples were also taken and after detailed investigation, charge sheet came to be filed against both the accused persons for the offences punishable under Sections 65(1), 77, 351(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 4(1), 5(n), 6 of the Protection of Children from Sexual Offences Act (for short, 'POCSO Act') and Section 66(E) of Information Technology Act. 7. Attempt made by the petitioner herein to obtain an order of grant of bail was turned down by the learned Special Judge. 8. Thereafter, petitioner is before this Court. 9. Learned counsel for the petitioner, Sri Narayana Reddy, would contend that it is the second accused who had forcible intercourse with the victim girl and not the present petitioner and in order to avoid the complaint - 6 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 against him, a false case has been foisted against the petitioner and thus sought for grant of bail. 10. Learned counsel for respondent No.2 and learned High Court Government Pleader oppose the bail grounds. 11. Having heard the arguments of both sides, this Court perused the material on record meticulously. On such perusal of material on record, in the complaint averments itself, specific allegations are made against the petitioner which would attract the offences alleged against the petitioner. 12. Thereafter, the statement of the victim girl has been recorded before the jurisdictional Magistrate under Section 183 of BNSS (164 CrPC). The victim girl has specifically stated before the Magistrate about the ingredients of the offences alleged against the first petitioner as well including the misuse of the mobile - 7 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 telephone handset whereunder the bathing scene of the victim girl has been recorded by the present petitioner stealthily. 13. These aspects of the matter prima facie, would be sufficient enough to deny the grant of bail by resorting to the special powers vested in this Court. 14. Admittedly, the victim girl is under the age of 18 years and therefore she has been treated as child within the meaning of POSCO Act. 15. Further, the DNA samples are taken and report is yet to be received by the investigation agency and the same is found from the note appended to the charge sheet itself. 16. Taking note of these aspects of the matter, since the prima-facie materials are available on record, which would indicate guilt of the accused, at least for the time being, till the examination of the victim girl - 8 - HC-KAR NC: 2026:KHC:21547 CRL.P No. 15574 of 2025 before the Special Court, this Court is of the considered opinion that no grounds are made out to grant bail to the petitioner. 17. Hence, the following: ORDER The petition is dismissed. Sd/- (V SRISHANANDA) JUDGE MKM List No.: 1 Sl No.: 2