IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 15313 OF 2025

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

BETWEEN:

MOHAMAD AKBAR

S/O MOHAMMED YASIN,

AGE ABOUT 37 YEARS,

OCC: MASON,

R/O. ADIKEMANDI LAYOUT,

KOTEGANGURU VILLAGE,

SHIVAMOGGA TALUKA AND DISTRICT - 577 201.

…PETITIONER

(BY SRI. P.B. UMESH, ADVOCATE FOR

SRI. RAVINDRA B.DESHPANDE, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY

Digitally signed by SHIVAMOGGA RURAL POLICE STATION,

LAKSHMINARAYANA

MURTHY RAJA SHRI SHIVAMOGGA - 577 201.

Location: HIGH

REP. BY STATE PUBLIC PROSECUTOR,

COURT OF

KARNATAKA HIGH COURT BUILDINGS,

BENGALURU - 560 001.

2. XXXX

(COMPLAINANT IN CRIME NO.200/2025 OF

RURAL POLICE STATION, SHIVAMOGGA)

BY HER MOTHER SMT. SHABARIN TAJ,

W/O JAVEED,

AGED ABOUT 31 YEARS,

OCC: LABOURER,

R/A. ADIKE MUNDI LAYOUT, KOTEGANGURU VILLAGE, SHIVAMOGGA TALUK AND DISTRICT - 577 201.

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

SRI HARISH T.S., ADVOCATE FOR R2)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN SPL.C.NO.259/2025 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, SHIVAMOGGA (CRIME NO.200/2025) OF SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA, CAHRGE SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 64(2)(m),351(2) OF BNS 2023 [CORRESPONDING PROVISIONS SECTIONS 376(1), 506 OF IPC] AND SECTION 6 OF POCSO ACT, PENDING THE TRIAL.

THIS PETITION COMING ON FOR FURTHER HEARING, 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 Spl.C.No.259/2025, pending on the file of Additional District and Sessions Judge, FTSC-I, Shivamogga (Crime No200/2025 of Shivamogga Rural Police Station), registered for offences punishable under Sections 64(2)(m) and 351(2) of Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State. Learned counsel for respondent No.2 is absent.

3. Learned counsel for petitioner would contend that, the alleged date of sexual intercourse has not been stated by the victim. The victim has stated in her complaint that, she was not knowing that she became pregnant earlier as there was a white discharge. There is no complaint by victim or her parents till the victim giving birth to a child. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is having a wife and two children to look after. With these, he prayed to allow the petition.

4. Per contra, learned Additional State Public Prosecutor for respondent No.1 - State would contend that, the victim in her complaint and statement has specifically stated the acts of this petitioner having sexual intercourse on her forcibly. In the voluntary statement, the petitioner/accused has also admitted of he committing sexual intercourse on the victim. The victim gave birth to a female child on 08.07.2025. The DNA test is under process. 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 victim girl was aged seventeen (17) years as of the date of alleged offence. The victim girl has stated in her complaint and statement recorded under Section

183 of BNSS that, when she used to visit the house of the petitioner, he has committed forcible sexual intercourse on her and he has threatened her not to disclose the same. Due to the act of the petitioner, the victim girl became pregnant and she gave birth to a female child on 08.07.2025. On the next day, the complaint has been filed against the petitioner. The collection of blood sample for DNA tes