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. 10122 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. U I RIYAZ HUSSAIN SON OF IBRAHIM AGED ABOUT 47 YEARS RESIDING AT No. 230, 7^TH CROSS DODDABETTAHALLI LAYOUT VIDYARANYAPURA POST BENGALURU – 560 097.

…PETITIONER (BY SRI. SHANKAR H S, ADVOCATE)

AND:

1. STATE OF KARNATAKA VIDYARANYAPURA POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING Digitally signed by LAKSHMINAR AYANA BENGALURU – 560 001.

MURTHY RAJASHRI Location: HIGH COURT OF 2. ARIFA KARNATAKA (MOTHER OF THE VICTIM GIRL)

WIFE OF SYED MOULA AGED ABOUT 40 YEARS RESIDING AT BEHIND ICBU COLLEGE CHIKKABETTAHALLI, YELAHANKA BENGALURU – 560 064.

…RESPONDENTS (BY SMT. PUSHPALATHA B ADDL. SPP FOR R1 R2 IS SERVED BUT UNREPRESENTED)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIMENO.161/2025 OF VIDYARANAPURA POLICE STATION, PENDING ON THE FILE OF THE FAST TRACT SPECIAL COURT-4, BENGALURU REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 65(1), 64(2)(m), 351(2) OF BNS AND SECTION 5(L), 6 OF POCSO ACT.THE ADDL.CITY CIVIL AND SESSIONS JUDGE, FTSC-IV, 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 sole accused under Section

483 of BNSS praying to grant bail in Crime No.161/2025 of Vidyaranyapura Police Station registered for offences punishable under Sections 65(1), 64(2)(m), 351(2) of BNS and Sections 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012.

2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent No.1 –State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

3. Learned counsel for the petitioner would contend that the victim girl who became pregnant gave birth to female child on 01.05.2025 and complaint has been filed on 24.05.2025 and there is a delay in filing the complaint. This petitioner has been falsely implicated in the case. The DNA test report indicates that he is not biological father of the child born to the victim. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The victim and her mother are already examined in the trial Court. The petitioner is having wife and two children and aged parents who are dependent on him. With this he prayed to allow the petition.

4. Per contra, Additional SPP for respondent No.1 –State would contend that the victim girl in her statement before the police and also in her statement under Section 183 of BNSS has specifically stated the acts of this petitioner having forcible sexual intercourse on her. The charge sheet materials show prima facie case against the petitioner even though the DNA report is negative against the petitioner. With this she prayed to reject the petition.

5. Having heard learned counsels, the court has perused the charge sheet and other materials placed on the record.

6. The case of the prosecution as per the charge sheet is that this petitioner who got a job of housekeeping in office went there in the morning at 08.00 a.m. and had forcible sexual intercourse on the victim girl and subsequently also he did the same several times. Due to the said act, the victim girl became pregnant and gave birth to a female child on 01.02.2025. The DNA test has been conducted and report indicate that this petitioner is excluded from being the biological father of a female child of the victim. As charge sheet is filed, the petitioner is not required for custodial interrogation. The victim and her mother are already given their evidence before the Special Court. The petitioner is having wife and two children and aged parents. Considering the said aspects, the petitioner has made out a case for grant of bail with conditions.

7. In the result, the following