IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12809 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. JYOTHI.K, W/O. CHANDRASHEKAR

AGED 43 YEARS

R/AT. NO. 9, GOKULA NILAYA

BASAVANNA TEMPLE ROAD

KADIGODI, BANGALORE.

…PETITIONER

(BY SRI. P.P.HEGDE, SENIOR ADVOCATE FOR SMT.VINITHA

P.C..,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY VIVEKNAGAR POLICE STATION

VIVEKNAGAR, BANGALORE-560047

Digitally signed by

LAKSHMINARAYANA REPRESENTED BY SPP

MURTHY RAJASHRI

HIGH COURT OF KARNATAKA

Location: HIGH

COURT OF BANGALORE-560 001.

KARNATAKA

2. DR.AMBIKA SHANKAR

SENIOR RESIDENT OBSTETRICS

AND GYNECOLOGY

ST. JOHN MEDICAL COLLEGE HOSPITAL

BENGALURU CITY,

KARNATAKA 560051.

3. PRIYANKA TAPARIYA W/O HRIDAYA TAPARIYA, R.AT NO. 229, 8^TH CROSS, S.T. BED LAYOUT, KORMANGALA, BENGALURU CITY PIN CODE - 560 035.

(AMENDED CAUSE TITLE AS PER ORDER DATED 10.10.2025)

…RESPONDENTS (BY SMT.B PUSHPALATHA, ADDL. SPP FOR R1, NOTICE TO R-2 V/O DTD 12.11.2025, NOTICE TO R-3 H/S V/O DTD 12.11.2025)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO PASS AN ORDER ENLARGING HIM ON BAIL IN CR NO.0123/2025 (POCSO) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 127(1), 351 OF THE BNS 2023 AND SECTION 4(2), 6 OF THE POCSO ACT 2012.

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 Bharatiya Nagarika Suraksha Sanhita, 2023 praying to grant bail in Crime No.123 of 2025 of Viveknagara Police Station registered for the offences punishable under Sections 127(1), 351 of Bharatiya Nyaya Sanhita, 2023, and Section 4(2), 6 of Protection Of Children From Sexual Offences Act, 2012.

2. Heard the learned Senior Counsel for the petitioner and learned Additional State Public Prosecutor for respondent No.1/State.

3. The notice has been served on respondent No.3, mother of the victim.

4. The learned Senior counsel for the petitioner would contend that:

a) The petitioner is a woman aged 43 years, and she is working as a teacher in a Bethani Special school for special child. The alleged incident is stated to have taken place on 01.07.2025, and complaint has been filed on 31.07.2025, and there is a delay in filing complaint. The complaint has not been filed by the mother, but it has been filed by the doctor, who examined the victim girl. It has been a remand application for the first time, it is alleged that a pencil has been inserted in vagina. But in the complaint and other documents, it is stated as a butt. The parents have not stated the name of a person, who has committed the alleged act till 07.07.2025.

b) As per statements of the teachers, who were working in the said school, indicate that the teachers were not taking the children to the toilet. The victim is having a disability, and one of such disabilities is lissencephaly, and it is stated to be a smooth brain. Therefore, the victim is not in such a condition to say what happened to her, and who did the said act. The petitioner is innocent, and she has been falsely implicated in the case. There is no sexual intent, since the petitioner is a woman and victim is also a female child. As the charge sheet has been filed, she is not required for custodial interrogation.

c) On reading definition of penetrative sexual assault contained in Section 3 of the POCSO Act, 2012. It is gender specific as the word used is ‘he’. The said aspect is pending consideration before the Hon'ble Apex Court in Special Leave to Appeal (Crl.) No.15777/2025. As the petitioner is in judicial custody since 01.08.2025, she is not required for further custodial interrogation. The petitioner is a woman and she is having two daughters. With this, he prayed to allow the petition.

5. Per contra, The Additional State Public Prosecutor for the respondent/State would contend that, the statement of the victim girl has been recorded