IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 10247 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. MANJUNATH. C S/O. CHIKKAIAH, AGED ABOUT 26 YEARS, R/AT NO. 45, 5TH CROSS, AJAD NAGAR, CHAMARAJAPETE, BANGALORE-560 018.

…PETITIONER (BY SRI THEJAS N S, ADVOCATE SRI LAKSHMIKANTH K, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY Digitally signed by LAKSHMINARA YANA CHAMARAJAPETE POLICE STATION MURTHY RAJASHRI BANGALORE Location: HIGH REP. BY ITS PUBLIC PROSECUTOR COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001.

2. VICTIM D/O. LATE BABU AGED ABOUT 17 YEARS SINCE MINOR REPRESENT BY HER GUARDIAN (COUSIN BROTHER)

SRI BHARATH PRASAD S/O VENAKTESH AGED ABOUTD 34 YEARS R/AT No.12, 1^ST MAIN, 3^RD CROSS PADARAYANAPURA, J.J. NAGAR, BANGALORE -560 026.

ALSO R/AT : No.14 , 1^ST MAIN 3^RD CROSS PADARAYANAPURA , J J NAGAR BENGALURU – 560 026.

…RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 SRI PUNEETH, ADVOCATE FOR R2)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC PRAYING TO ENLARGE ON BAIL IN CR.No.104/2025 OF RESPONDENT CHAMARAJAPETE POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 64(2)(M),88,238 OF BNS ACT AND SEC.4,5(J)(2),6,16,17,19 R/W 21 OF POCSO ACT NOW CHARGE SHEETED FOR THE ALLEGED OFFENCES U/S 64(2)(m), 89, 137(2), 238 OF BNS U/S 4, 5(J)(II), 6, 17, 21 OF POCSO ACT PENDING ON THE FILE OF THE FTSC V ADDL.DISTRICT AND SESSIONS JUDGE AT 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 No.1 under Section

483 of BNSS praying to grant bail in Crime No.104/2025 of Chamarajpet Police Station registered for offences under Sections 64(2)(M), 88, 238 of BNS and Sections 4, 5(J)(2), 6, 16, 17, 19 read with 21 of POCSO Act.

2. Heard learned counsel for petitioner, learned Additional SPP for respondent No.1/State and learned counsel for Respondent No.2.

3. Learned counsel for petitioner would contend that there was love affair between petitioner and the victim girl. The petitioner is aged 19 years and victim girl is aged more than 17 years and less than 18 years. The statement of the victim indicates that there is love affair between petitioner and the victim girl. The petitioner is ready to marry the victim girl after he attaining the age of marriage and after victim attaining age of majority. As the charge sheet is filed, petitioner is not required for custodial interrogation. With these he prays to allow the petition.

4. Per contra, learned Additional SPP would contend that due to act of this petitioner, the victim girl became pregnant. There was a termination of pregnancy by the other accused and the fetus has been buried. Now during investigation fetus has been recovered and along with the blood samples it has been sent for DNA test. The DNA test report is awaited. Considering all these materials, there is a prima facie case against the petitioner for offences alleged against him. With these she prayed to reject the petition.

5. Learned counsel for respondent No.2 submits that respondent No.2 has no objection for grant of bail.

6. Respondent No.2 and victim girl are present.

Respondent No.2 who is the cousin brother of victim girl, submits that they intend to perform marriage of victim girl with the petitioner after both attaining the age of marriage and submits that he has no objection for grant of bail. 7. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

8. As per charge sheet, the case of the prosecution is that the petitioner during January 2025 took the victim girl to his house and had forcible sexual intercourse on her, promising to marry her and she became pregnant. Accused No.1 who was intimated regarding pregnancy, took CW.1 to hospital of accused No.3 and got aborted and fetus was given to accused No.2, the mother of victim girl. The mother