IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 13491 OF 2025

[(439(Cr.PC) / 483(BNSS)]

BETWEEN:

1. MR. PRAVEEN KUMAR R.

S/O SRI. RAJANNA,

AGED ABOUT 32 YEARS,

PERMANENT RESIDENCE AT:

MARAGAL VILLAGE, BANGARPET TALUK,

KOLAR DISTRICT - 563 114.

AND

PRESENT RESIDENCE AT:

DODDADANAVAHALLI VILLAGE,

THORALAKKI POST,

MASTHI HOBLI, MALUR TALUK,

KOLAR DISTRICT - 563 130.

…PETITIONER Digitally signed by

LAKSHMINARAYANA

MURTHY RAJA SHRI (BY SRI. HARINATH M.S., ADVOCATE)

Location: HIGH

COURT OF

KARNATAKA AND:

1. STATE OF KARNATAKA

REPRESENTED BY POLICE INSPECTOR,

WOMEN POLICE STATION,

KOALR - 563 101.

REP. BY ITS SPP,

HIGH COURT OF KARNATAKA,

BENGALURU CITY - 560 001.

2. SMT.SUMA REPRESENTED AS THE NATURAL GUARDIAN OF THE VICTIM GIRL, W/O. VENKATESH AGED ABOUT 35 YEARS, R/AT: DODDADANAVAHALLI VILLAGE, THORALAKKI POST, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130.

…RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;

V/O. DATED 15.12.2025 R2 - SERVED AND UNREPRESENTED)

THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (UNDER SECTION 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER HEREIN WHO HAS BEEN ARRAYED AS THE ACCUSED IN THE CASE IN SPECIAL CASE (POCSO) NO.12/2025 OF THE RESPONDENT NO.1, KOLAR WOMEN POLICE WHICH ARE FILED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 5(L) AND 6 OF POCSO ACT, 2012 AND UNDER SECTIONS 137(2), 64, 238 AND 351(2) OF BNS, PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1, 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 sole accused under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Special Case (POCSO) No.12/2025, pending on the file of Additional District and Sessions Judge, FTSC-I, Kolar (Crime No.122/2024 of Kolar Women Police Station) registered for offences punishable under Sections 5(L) and 6 of Protection of Children from Sexual Offences Act and under Sections 137(2), 64, 238 and

351(2) of Bharatiya Nyaya Sanhita, 2023.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. Inspite of service of notice to respondent No.2, she remained absent and unrepresented.

3. Learned counsel for petitioners would contend that, the alleged act has taken place during July, 2024 and the victim has gone to the doctor on 09.10.2024 for stomach pain and she has been operated on 16.10.2024. In the said test, pregnancy was detected in one tube. The pregnancy in one tube is not recognized. Even though, there is MLC intimation on 23.10.2024, the case has been registered on 25.12.2024. The medical report indicates that, there is no recent sign of sexual intercourse. The petitioner is in judicial custody since 25.12.2024 and as the charge is filed, he is not required for custodial interrogation. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the statement of the victim girl recorded by the Police and recorded under Section 183 of BNSS indicates the act of this petitioner having forcible sexual intercourse on the victim girl. The victim girl is aged sixteen (16) years and as per school records her date of birth is 06.09.2008. Seminal stains detected on the undergarments were found matching with the DNA of the petitioner. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. The petitioner is a married man having wife and children. With these, she prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

6. The date of birth of the victim girl is 06.09.2008 as per her school records and she was aged sixteen (16) years as on the date of al