IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13800 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. NARAYANASWAMY S/O. LATE. THIPPALAH AGED ABOUT 38 YEARS R/O. CHIKKAKUNTHUTU VILLAGE KASABA HOBLI, MALUR TALUK KOLAR-563 130. PERMANENT R/O.

MUDUVADI VILLAGE, KOLAR TALUK.

…PETITIONER (BY SRI. ANAND R.V, ADVOCATE)

AND:

1. STATE OF KARNATAKA Digitally signed by LAKSHMINARA YANA BY MALUR POLICE STATION MURTHY RAJASHRI KOLAR – 563 130.

Location: HIGH COURT OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR ATTACHED HIGH COURT BUILDINGS BENGALURU -560 001.

2. XXXXXX MINOR REP BY HER MOTHER NATURAL GUARDIAN/CW2 SMT. BHARATHI W/O. NARAYANASWAMY AGED ABOUT 28 YEARS CHIKKAKUNTHUTU VILLAGE GOPALREDDY BRICKS FACTORY ROOM KASABA HOBLI, MALUR TALUK KOLAR-563 130. …RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 SRI SRINATHA B V, ADVOCATE FOR R2)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN SPECIAL CASE (POCSO) No.129/2024 (CR.No.513/2023 MALUR POLICE STATION KOLAR DISTRICT) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(3),313,506 OF IPC, U/S 6 OF POCSO ACT, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1 (POCSO) AT KOLAR.

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 seeking grant of bail in Special Case (POCSO) No.129/2024 arising out of Crime No.513/2023 of Malur Police Station registered for offences punishable under Sections 376(3), 313, 506 IPC and Section 6 of the Protection of children from Sexual Offences Act, 2012 pending on the file of the Additional District and Sessions Judge, FTSC-1, POCSO, Kolar.

2. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned Additional SPP for respondent No.1 –State.

3. Learned counsel for the petitioner would contend that the petitioner who is the father of the victim girl has filed missing complaint of the victim on 10.10.2022. Based on the same, a case has been registered in Crime No.43/2022 of Kolar Women Police Station and in the said complaint, victim has been secured on 10.02.2022. After recording her statement, ‘B’ report has been filed. No medical test has been conducted after she has been secured. The victim was not living with the petitioner during October-2022. The victim was having affair with Girish, the cousin brother of her mother and as the petitioner father filed a complaint against her, she is making false allegation against the petitioner. The victim's statement has been recorded in Crime No. 43/2022 under Section 164 of Cr.P.C on 08.11.2022 and she has not stated anything of her father committing sexual assault on her. C.W.2 -mother of the victim girl has not been examined.

Now the prosecution evidence is over and the case has been posted for defence evidence. The petitioner has filed a list of witnesses who are to be examined on his behalf in his defence. If the petitioner remained in custody, he will not be able to establish his defence. As the prosecution witnesses are already examined, there is no any threat by the petitioner to the prosecution witnesses. With this, he prayed to allow the petition and grant bail to the petitioner –accused.

4. Per contra, learned Additional SPP for respondent No.1 –State would contend that in earlier missing complaint, statement of the victim has been recorded by the police and also under Section 164 of Cr.P.C. Considering her statement, ‘B’ report has been filed. In the present case, the victim has given complaint against the petitioner. The statement has been recorded under Section 164 of Cr.P.C, wherein she has specifically stated the acts of this petitioner committing sexual assault on her. The offence alleged against the petitioner is heinous offence. With this, she prayed for