IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 15012 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SRI. MOHAN KUMAR H M

S/O LATE MALLAPPA

AGED ABOUT 46 YEARS

R/AT. No.4, BRAHMAGIRI

NEAR BDA APARTMENT, MALAGALA

BENGALURU – 560 072.

…PETITIONER

(BY SRI. MAHESHKIRAN SHETTY S, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY ANNAPOORNESHWARI NAGARA PS

BENGALURU CITY

REPRESENTED BY ITS

STATE PUBLIC PROSECUTOR

Digitally signed by

HIGH COURT BUILDINGS

LAKSHMINARAYANA

MURTHY RAJASHRI AMBEDKAR VEEDHI

Location: HIGH

BENGALURU – 560 001.

COURT OF

KARNATAKA

2. SMT. KAVYA M L

W/O MOHAN KUMAR H. M.

AGED ABOUT 35 YEARS

R/AT. No. 4, BRAHMAGIRI

NEAR BDA APARTMENT, MALAGALA

BENGALURU – 560 072.

…RESPONDENTS

(BY SMT. WAHEEDA M M, HCGP FOR R1 SMT. FEBA NISHA, ADVOCATE FOR R2)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER AND ENLARGE HIM ON BAIL IN CONNECTION WITH SPL. C. No. 2146/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2)(f) (j) (m), 65 (2) OF THE BNS ACT, 2023 AND UNDER SECTION 4 (2) AND 6 OF THE POCSO ACT, 2012 AND SECTION 75 OF THE JJ ACT. REGISTERED AS CRIME No.0289/2025, BY ANNAPOORNESHWARI NAGARA POLICE STATION, 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 under Section 483 of BNSS praying to grant bail in Spl.C.No.2146/2025, pending on the file of Additional City Civil and Sessions Judge, FTSC-5, Bengaluru, registered for offences punishable under Sections 64(f)(j)(m), 65(2) of BNS, 2023, and Section 4(2) and 6 of POCSO Act, 2012 and Section 75 of JJ Act, arising out of Crime No.289/2025 of Annapurneshwari Nagara Police Station.

2. Heard learned counsel for petitioner and learned HCGP for Respondent No.1/State and learned counsel for Respondent No.2.

3. Learned counsel for petitioner would contend that a false case has been registered against the petitioner as his relationship with his wife who is the mother of the victim has been strained. The petitioner and his wife, victim girl and another daughter are residing in a house having 350 square metres carpet area and there are no chances of he doing the alleged act, as his wife and other daughter are residing with him. The petitioner is a Driver on contract basis in CTO and he occasionally visits the house. The victim has been tutored by the mother and accordingly, she gave statements before the police and the Magistrate. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The medical report does not indicate anything which indicate that the petitioner had a forcible sexual intercourse on the victim girl. The hymen is stated to be normal in the medical examination report. With this, he prayed to allow the petition.

4. Per contra, learned HCGP would contend that the statement of the victim girl has been recorded under Section 183 of BNSS where in victim girl has specifically stated the acts of the petitioner having sexual intercourse on her. Even the statement of younger sister of the victim girl has been recorded under Section 183 of BNSS wherein she has also stated the acts of this petitioner. The charge sheet material shows prima-facie case against the petitioner for the offences alleged against him. With this, she prayed to reject the petition.

5. Learned counsel for respondent No. 2 would contend that the medical report indicate that there is ejaculation and penetration. The medical report does not clearly indicate whether hymen is ruptured or not, and it has to be ascertained only in the evidence. The incident has been audio recorded in a phone by the complainant and it has been produced to the IO and it is part of the charge sheet. The victim girl is aged 12 years and there is a presumption under Section 29 of the POCSO Act and burden is on the accused. The trial is commenc