- 1 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 13145 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHIVARAKJ C @ SHIVAKUMAR S/O LATE CHANNAIAH, AGED ABOUT 27 YEARS, RESIDING AT C/O MOHAMMED REHAMATHULLA, SOMESHWARA LAYOUT, HULIMAVU, BENGALURU 560076. …PETITIONER (BY SRI. MANJUNATHA B. V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, HULIMAVU POLICE STATION, BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU 560001. 2. SMT. ASHADEVI W/O RANJITH SAHANI, AGED ABOUT 40 YEARS, RESIDING AT C/O SUMAN SHA RENTED HOUSE 11TH CROSS, KRISHNA LAYOUT, HULIMAVU BENGALURU 560076. …RESPONDENTS (BY SMT.ASNA KOUSE, ADDL.SPP FOR R1) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN SPL.CC.NO.2885/2023 (ARISING OUT OF CR.NO.451/2023) OF HULIMAVU P.S. FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 363, 376(2)(n) OF IPC AND SECTIONS 5(J)(II), 5(L), 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 PENDING ON THE FILE OF HONBLE CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (FTSC-III). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER The petitioner is arrayed as accused No.1 seeking for regular bail in Crime No.451/2023 of respondent/police for the offences punishable under Sections 363, 376(2)(n) of IPC and Section 5(J)(II), 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 pending on the file of the learned Additional City Civil and Sessions Judge (FTSC- III). 2. The case of the prosecution is that the complainant, Smt.Ashadevi lodged a complaint stating that she is the resident of Bihar State. She had four children. Out of them, three are female children and one is male. - 3 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 The second daughter was aged about 14 years as on the date of lodging the complaint, and she was studying in Government School at Hulimavu in 4th Standard. On 17.10.2023, after having finished her work, she came to the house around about 06.00 p.m. However, she did not notice her daughter in the house, suspecting that the petitioner might have kidnapped her daughter, she lodged a complaint against Shivakumar and also a requested the police to trace her daughter. 3. The respondent/police, after receiving the complaint, filed FIR and started the investigation. During investigation, the fact of the case has been unfolded in such a way that accused Nos.1 and 2 were residing as neighbours of the victim. The accused Nos.1 and 2 are the husband and wife. They were living along with their children. Accused Nos.1 and 2 used to go to work around 10.00 a.m. and coming to the house around 12.00 noon. Again accused No.1 used to go to work around 04.00 p.m. and used to come around 08.00 p.m. At that time, the - 4 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 victim used to go to their house to take care of the children. 4. It is alleged that accused No.2 used to tell her that accused No.1 was loving her and also insisting the victim to love him. It is further alleged that one day accused No.2 forcibly pushed the victim into the room of accused No.1 and closed the door and went away. Then accused No.1 committed sexual assault on her. After the said incident accused No.2 threatened her that she should not disclose the said fact to anybody. Thereafter, the accused No.1 used to commit similar offence on several occasions. 5. It is further alleged that in the meantime, on 17.10.2023, when the victim had been to market to bring the vegetables, accused No.1 called and asked her where she was, she replied that she was near a S.L.V Hotel. The accused No.1 went there and forcibly kidnapped her in the auto and went to village near Kollegal. There, he had - 5 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 confined her and committed sexual assault on her on several occasions. In the meantime, after a complaint was lodged by the mother of the victim, the police went there and secured her presence. After conducting investigation, submitted the charge sheet. 5. The submission of the learned counsel for the petitioner is that petitioner is innocent of the alleged offences and he has been falsely implicated in this case. Though, it is alleged that the petitioner had committed sexual assault on the victim, the fact remains that no such incident had occurred. In fact, the DNA test did not disclose the paternity of the child. 6. It is further submitted that, although the prosecution contends that the victim is aged about 14 years, no birth certificate has been produced to substantiate her age, which is relevant to determine the age of the victim. In the absence of the said certificate, it would not be safe to determine the age of the victim. - 6 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 Therefore, the petitioner may be enlarged by imposing suitable conditions. Making such submissions, he prays to allow the petition. 7. Per contra, learned Additional State Public Prosecutor for the respondent/State vehemently submitted that the petitioner has committed heinous offence against a girl, who is aged about 14 years. Accused No. 2, who is none other than the wife of accused No. 1, has supported the said incident, which appears strange and hard to believe. The said incident had occurred on several occasions and the victim became pregnant. Therefore, it is not appropriate to grant bail to the petitioner. Making such submission, she prays to reject the petition. 8. Heard the learned counsel for the respective parties and perused the averments of the charge sheet. It appears from the records that, the evidence of the victim is over. She has not supported the case in the cross- - 7 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 examination. Having considered the said aspect, it is appropriate to enlarge the accused on bail. 9. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.451/2023 of respondent/police for the offences punishable under Sections 363, 376(2)(n) of IPC and Section 5(J)(II), 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 pending on the file of the learned Additional City Civil and Sessions Judge (FTSC-III) on executing personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 8 - HC-KAR NC: 2026:KHC:13889 CRL.P No. 13145 of 2025 iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE UN/bkm List No.: 1 Sl No.: 22