- 1 - HC-KAR NC: 2026:KHC:1803 CRL.P No. 15237 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15237 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. BHARATH GANESHAN S/O GANESHAN AGED ABOUT 24 YEARS R/AT No.5/124, METTUSERY V KALATHUR, PERAMBALUR TAMILNADU 3 621 117. &PETITIONER (BY SRI VINAYA B R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY K P AGRAHARA P S REPRESENTED BY HON9BLE HIGH COURT BUILDING BANGALORE 3 01. 2. GOMATHI TIRUPATHI W/O TIRUPATHI AGED ABOUT 32 YEARS R/AT No.05, MARIYAPPAN PALYA K P AGRAHARA P S BANGALORE - 560 003. &RESPONDENTS (BY SMT. WAHEEDA M M, HCGP FOR R1 R2 3SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1803 CRL.P No. 15237 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNSS) Cr.P.C PRAYING TO GRANT REGULAR BAIL IN CRIME No.146/2025 OF THE RESPONDENT K.P. AGRAHARA POLICE REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTIONS 4(2),6 OF POCSO ACT AND UNDER SECTIONS 65(2), 87 READ WITH SECTION 63(d) OF BNS. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by this sole accused under Section 483 of BNSS praying to grant bail in Crime No. 146/2025 of K.P. Agrahara Police Station registered for offence under Sections 4(2), 6 of POCSO Act and Section 65(2), 87 read with Section 63(d) of BNS. 2. Heard learned counsel for petitioner and learned HCGP for respondent No. 1 - State. In spite of service of notice, respondent No. 2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that the incident has taken place on 16.06.2025 and complaint has been filed on 19.06.2025 and there is delay in filing the complaint. C.W.2 who is aged 21 years and doing pujari - 3 - HC-KAR NC: 2026:KHC:1803 CRL.P No. 15237 of 2025 work in a temple is having enmity with the petitioner with regard to small monetary issues and therefore at his instance a false complaint has been lodged by the mother of the victim. The alleged C.C. TV footage stated by C.W.2 in his statement under Section 183 of BNSS has not been collected by the Investigating Officer. As charge sheet is filed petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the victim girl was aged 2 years as on the date of incident. C.W.2 is eye witness to the incident and his statement has been recorded under Section 183 of BNSS. C.W.2 in his statement has specifically stated the acts of this petitioner. Petitioner taking the child between 05.00 to 05.30 p.m. has been recorded in CCTV. The offence alleged against the petitioner is a heinous offence punishable with imprisonment which may extend to 20 years. Charge sheet material show prima facie case against the petitioner. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:1803 CRL.P No. 15237 of 2025 5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record. 6. The victim girl was aged 2 years and she is the daughter of C.W.1. C.W.2 is eyewitness to the incident. Statement of C.W.2 has been recorded under Section 183 of BNSS wherein he has specifically stated the acts of this petitioner committing sexual assault on the victim girl. C.W.2 has also stated that they have verified the CCTV footage and found this petitioner taking the child between 05.00 to 05.30 p.m. Charge sheet material show prima facie case against the petitioner for offence alleged against him. Petitioner has not placed on record any material to show that there was enmity between petitioner and C.W.2. The offence alleged against the petitioner is a heinous offence punishable with imprisonment which may extend to 20 years. If the petitioner is granted bail, there is threat to victim girl and other prosecution witnesses. - 5 - HC-KAR NC: 2026:KHC:1803 CRL.P No. 15237 of 2025 7. Considering the above aspects, petitioner has not made out any grounds for grant of bail. 8. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 4 Ct.sm