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2026 Supreme(Online)(Ker) 12797

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
KRISHNAMOORTHY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Vishnuprasad Nair
For the Respondents: Smt.Sreeja V.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.395/2025 of Panamaram Police Station, Wayanad District. The offences alleged are punishable under Sections 376 (2)(n) and 376(3) of the Indian Penal Code, 1860 , Section 9 of the Immoral Traffic (Prevention) Act, 1956 , Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(a) r/w 4(2), Sections 5(j)(ii) & (1) r/w 6(1), 16(3) r/w 17 of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case, in short, is that the applicant No.1 had repeatedly committed rape/penetrative sexual assault on the defacto complainant, aged 14 years, with the knowledge and assistance of accused No.2, who is the mother, having actual control and charge over the survivor and duty bound to protect her, and accused No.3 between 01.06.2023 and 31.03.2024 from his flat at Karimbummal in Panamaram amsom and from the survivor's house, following which she became pregnant and gave birth to a baby boy on a day in the month of November 2024. Thus, the applicant com

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