- 1 - HC-KAR NC: 2026:KHC:4764 CRL.P No. 17321 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17321 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. AFLAN KHAN @ AFNAN SHARIFF S/O SHABBIR KHAN AGED ABOUT 25 YEARS R/AT 8TH CROSS, RIGHT SIDE OF HASSAN ROAD ARSIKERE TOWN HASSAN - 01 …PETITIONER (BY SRI PRATHEEP K C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ARSIKERE TOWN POLICE STATION HASSAN DISTRICT REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. NAZEEMA W/O DASTHAGIR AGED ABOUT 32 YEARS R/AT 1ST CROSS, HASSAN ROAD LEFT SIDE ARSIKERE TOWN HASSAN - 01,. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4764 CRL.P No. 17321 of 2025 PERMANENT ADDRESS: GARUDANAGIRI ROAD ARSIKERE TOWN HASSAN - 01 …RESPONDENTS (BY SRI MOHD. AYUB ALI, ADDL. SPP FOR R1 SRI SYED ARIF PASHA, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) Cr.P.C PRAYING TO ALLOW THIS PETITIONo.392/2025 (CRIME No.105/2025), PENDING ON THE FILE OF THE HON’BLE ADDL DISTRICT AND SESSIONS JUDGE AND FTSC I AT HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 65(1) OF BNS SEC.4,6 OF POCSO ACT 2012 BY ARSIKERE TOWN POLICE. 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 Spl.C.No.392/2025 (Crime No.105/2025 of Arasikere Town Police Station) registered for the offence under Section 65(1) of BNS and Sections 4 and 6 of the POCSO Act, 2012, pending on the file of Additional District and Sessions Judge and FTSC-1, Hassan. - 3 - HC-KAR NC: 2026:KHC:4764 CRL.P No. 17321 of 2025 2. Heard the learned counsel for the petitioner and learned Addl.SPP for respondent/State. 3. Learned counsel for the petitioner would contend that the incident has taken place on 17.07.2025 and the complaint has been filed on 22.07.2025. The Doctor who has examined the victim girl has noted in column No.26 that Vulva, Vagina, Hymen, Fourchette, Perineum, Cervix as ‘unremarkable.’ He contends that the term ‘unremarkable’ in a medical report means that scan, test, or physical exam showed no abnormalities, disease, or concerning finding. He submits that it indicates that the area examined appears healthy, normal, or within expected limits. He further contends that the FSL report is negative. The statement of the victim girl has already been recorded under Section 183 of BNSS. Considering the said aspect at the most, the offence which could be attracted is Section 8 of the POCSO Act and it is provided with punishment of imprisonment which may extend to five years. With this he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:4764 CRL.P No. 17321 of 2025 4. Per contra, learned Addl.SPP for respondent/State would contend that victim is aged 15 years. The petitioner who is the relative of CW.4 stayed back in the house. When CW.4 went to other place, in the night he called the victim girl and had forcible sexual intercourse on her, even though she has resisted for the same. The statement of the victim girl has been recorded under Section 183 of BNSS wherein she has specifically stated the acts of the petitioner committing sexual intercourse even though she has screamed. The offence alleged against the petitioner is a heinous offence and the punishment of imprisonment which may extend up to 20 years. The charge sheet material show prima-face case against the petitioner for the offence alleged against the petitioner. With this he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:4764 CRL.P No. 17321 of 2025 6. The case of the prosecution as per the charge sheet is that the victim girl came to the house of CW.4 who is her relative. On 17.07.2025, CW.4 went to Bengaluru leaving the victim girl in her house and at that time, the petitioner was also in the house of CW.4 and he did not go out of the house. On 18.07.2025 at 12.00 midnight, petitioner called her out of the room in order to talk with her and when she came to Hall, he told that he is loving her and will marry her and had forcible sexual intercourse against her will. The statement of the victim girl has been recorded under Section 183 of BNSS wherein she has specifically stated the acts of the petitioner having forcible sexual intercourse on her. Merely because the Doctor has stated that Vulva, Vagina, Hymen, Fourchette, Perineum, Cervix as ‘unremarkable’, at this stage it cannot be said that the alleged act has not taken place. The victim girl is aged 15 years as on the date of incident. There is presumption under Section 29 of POCSO Act. - 6 - HC-KAR NC: 2026:KHC:4764 CRL.P No. 17321 of 2025 Considering the above aspects, there is a prima-facie case against the petitioner for the offence alleged against him. 7. Considering the above aspect, the petitioner has not made out case for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 8