Digitally signed by

HIGH COURT OF KARNATAKA,

SHARADAVANI B

Location: High Court of Karnataka

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ ACCUSED NO. 1 ON BAIL IN SPL. C.C.NO. 112/2025 (ARISING OUT OF CRIME NO. 168/2025) OF BAGEPALLI POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 65(1), 77, 351(2) OF THE BHARATIYA NYAYA SANHITA AND SECTION 4(2), 5(n), 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND SECTION 66(E) OF INFORMATION TECHNOLOGY ACT PENDING ON THE FILE OF HONBLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, CHIKKABALLAPURA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Narayana Reddy J., learned counsel appearing for the petitioner, Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1-State and Sri. Gangaraju C., learned counsel appearing for respondent No.2.

2. Petitioner is accused No. 1 in respect of Crime No.168 of 2025 of Bagepalli Police Station, which is now pending in Spl.S.C No.112 of 2025 on the file of Special Judge, Chikkaballapura.

3. The petitioner has approached this Court with the following prayer:

"Wherefore, it is humbly prayed that this Hon'ble Court may kindly be pleased to allow the petition and release the petitioner/accused No.1 on bail in Spl.C.C.No.112 of 2025 (arising out of Crime No.168/2025) of Bagepalli Police Station for the alleged offences punishable under Section 65(1), 77, 351(2) of the Bharatiya Nyaya Sanhita and Section 4(2), 5(n), 6 of the Protection of Children from Sexual Offences Act and Section 66(E) of Information Technology Act pending on the file of Additional District and Sessions Judge, FTSC-I, Chikkballapura, in the interest of justice"

4. Facts of the case are as under:

4.1 Victim girl is the step daughter of accused No.2. As per the complaint averments, on 02.01.2025, at about 8.30 p.m. in the guise of returning the cup given by CW2, present petitioner cajoled the victim girl to enter his house wherein he has shown a video clip which has been secretly recorded by him when the victim girl was bathing. So showing the video clip, he blackmailed the victim girl and had forcible sexual intercourse with her.

4.2 Again on 03.01.2025 in an unknown place, he blackmailed the victim girl and had sexual intercourse at about 02.00 p.m.

5. Being afraid of the repeated blackmailing, victim girl reported the incident to accused No.2 who is her step father. Accused No.2 scolded accused No.1 and taking advantage of hapless condition of the victim girl, after sending the other children out for playing, accused No.2 also said to have had the forcible sexual intercourse with the victim girl.

6. In this regard, a complaint came to be lodged with the jurisdictional police on 15.05.2025 and after that medical examination of the victim girl has been conducted. Later on, there was an abortion to the victim girl and DNA samples were also taken and after detailed investigation, charge sheet came to be filed against both the accused persons for the offences punishable under Sections 65(1), 77, 351(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 4(1), 5(n), 6 of the Protection of Children from Sexual Offences Act (for short, 'POCSO Act') and Section 66(E) of Information Technology Act.

7. Attempt made by the petitioner herein to obtain an order of grant of bail was turned down by the learned Special Judge.

8. Thereafter, petitioner is before this Court.

9. Learned counsel for the petitioner, Sri Narayana Reddy, would contend that it is the second accused who had forcible intercourse with the victim girl and not the present petitioner and in order to avoid the complaint against him, a false case has been foisted against the petition