- 1 - HC-KAR NC: 2026:KHC:181 CRL.P No. 15012 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15012 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI. MOHAN KUMAR H M S/O LATE MALLAPPA AGED ABOUT 46 YEARS R/AT. No.4, BRAHMAGIRI NEAR BDA APARTMENT, MALAGALA BENGALURU – 560 072. …PETITIONER (BY SRI. MAHESHKIRAN SHETTY S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGARA PS BENGALURU CITY REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS AMBEDKAR VEEDHI BENGALURU – 560 001. 2. SMT. KAVYA M L W/O MOHAN KUMAR H. M. AGED ABOUT 35 YEARS R/AT. No. 4, BRAHMAGIRI NEAR BDA APARTMENT, MALAGALA BENGALURU – 560 072. …RESPONDENTS (BY SMT. WAHEEDA M M, HCGP FOR R1 SMT. FEBA NISHA, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:181 CRL.P No. 15012 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER AND ENLARGE HIM ON BAIL IN CONNECTION WITH SPL. C. No. 2146/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2)(f) (j) (m), 65 (2) OF THE BNS ACT, 2023 AND UNDER SECTION 4 (2) AND 6 OF THE POCSO ACT, 2012 AND SECTION 75 OF THE JJ ACT. REGISTERED AS CRIME No.0289/2025, BY ANNAPOORNESHWARI NAGARA POLICE STATION, BENGALURU. 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 accused under Section 483 of BNSS praying to grant bail in Spl.C.No.2146/2025, pending on the file of Additional City Civil and Sessions Judge, FTSC-5, Bengaluru, registered for offences punishable under Sections 64(f)(j)(m), 65(2) of BNS, 2023, and Section 4(2) and 6 of POCSO Act, 2012 and Section 75 of JJ Act, arising out of Crime No.289/2025 of Annapurneshwari Nagara Police Station. 2. Heard learned counsel for petitioner and learned HCGP for Respondent No.1/State and learned counsel for Respondent No.2. - 3 - HC-KAR NC: 2026:KHC:181 CRL.P No. 15012 of 2025 3. Learned counsel for petitioner would contend that a false case has been registered against the petitioner as his relationship with his wife who is the mother of the victim has been strained. The petitioner and his wife, victim girl and another daughter are residing in a house having 350 square metres carpet area and there are no chances of he doing the alleged act, as his wife and other daughter are residing with him. The petitioner is a Driver on contract basis in CTO and he occasionally visits the house. The victim has been tutored by the mother and accordingly, she gave statements before the police and the Magistrate. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The medical report does not indicate anything which indicate that the petitioner had a forcible sexual intercourse on the victim girl. The hymen is stated to be normal in the medical examination report. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:181 CRL.P No. 15012 of 2025 4. Per contra, learned HCGP would contend that the statement of the victim girl has been recorded under Section 183 of BNSS where in victim girl has specifically stated the acts of the petitioner having sexual intercourse on her. Even the statement of younger sister of the victim girl has been recorded under Section 183 of BNSS wherein she has also stated the acts of this petitioner. The charge sheet material shows prima-facie case against the petitioner for the offences alleged against him. With this, she prayed to reject the petition. 5. Learned counsel for respondent No. 2 would contend that the medical report indicate that there is ejaculation and penetration. The medical report does not clearly indicate whether hymen is ruptured or not, and it has to be ascertained only in the evidence. The incident has been audio recorded in a phone by the complainant and it has been produced to the IO and it is part of the charge sheet. The victim girl is aged 12 years and there is a presumption under Section 29 of the POCSO Act and - 5 - HC-KAR NC: 2026:KHC:181 CRL.P No. 15012 of 2025 burden is on the accused. The trial is commenced and the complainant has been partially examined. The bed sheet, clothes of the child has been sent to FSL and the allegation of ejaculation in the bed sheet etc., has to be ascertained only after the receipt of the FSL report. If the petitioner is granted bail, there is a threat to the complainant, victim girl who are prosecution witnesses. With this she prayed to reject the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. The victim girl is aged 12 years studying in 7th Standard. She is the daughter of this petitioner. The complainant is the mother of the victim. The allegation against this petitioner is sexual assault on the victim girl by this petitioner who is the father of the victim girl, since when she was studying in 4th Standard. The statement of the victim girl and her younger sister have been recorded under Section 183 of BNSS, wherein they have specifically - 6 - HC-KAR NC: 2026:KHC:181 CRL.P No. 15012 of 2025 stated the acts of this petitioner having sexual intercourse on the victim girl. The articles seized at the time of examination of the victim girl have been sent to FSL and FSL report is not yet received. In order to show that the relationship between the petitioner and the complainant who is the mother of the victim girl and wife of this petitioner has been strained, no materials has been placed on record. If the petitioner is granted bail, there is a threat to complainant and other prosecution witnesses. The offence alleged against the petitioner is a heinous offence punishable with imprisonment which may extend to 20 years. 8. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 58 Ct.sm