Chakali Krishnamurthy @ Krishna Vs State by… — Child Sexual Offences (POCSO) | Karnataka HC (2025)

Chakali Krishnamurthy @ Krishna Vs State by… — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, sole accused in Crime No.45/2025 of Mandya East Police Station (pending as Spl.C No.123/2025 before the Hon'ble Addl. Sessions Judge -FTSC-II, Mandya) for offences under Sections 65(1), 64(2)(m) and 351(2) of BNS, 2023 and Sections 6, 10 and 12 of the POCSO Act, 2012, is entitled to be enlarged on bail under Section 439 CrPC / Section 483 BNSS.

Court's answer

The statement of the victim girl recorded under Section 183 of the BNSS, 2023 prima facie reveals commission of the offence by the accused, and as per DNA profile results the accused is the biological father of the fetus; hence there is a prima facie case against the petitioner.

Ratio / Principle

Considering the nature and gravity of the offence, and since the possibility of tampering with the prosecution witnesses including the minor victim cannot be ruled out if the petitioner is released on bail, the petitioner is not entitled to bail.

Detailed headnote1 paragraphs

Criminal Petition under S.439 Cr.PC (filed under S.483 BNSS) by the sole accused in Crime No.45/2025 of Mandya East Police Station, pending as Spl.C No.123/2025 before the Hon'ble Addl. Sessions Judge -FTSC-II, Mandya, for offences punishable under Sections 65(1), 64(2)(m) and 351(2) of BNS, 2023 and Sections 6, 10 and 12 of the POCSO Act, 2012, seeking enlargement on bail. The petitioner was alleged to have committed aggravated penetrative sexual assault on a minor girl aged about 12 years (DOB 12.11.2012 per school records) residing at Halahalli, Mandya City, between 01.01.2024 and 11.04.2025, instilling fear in her, on account of which she became pregnant. Perusing the victim's statement recorded under Section 183 of the BNSS, 2023, which prima facie revealed commission of the offence, and noting DNA profile results showing the accused to be the biological father of the fetus, the Court found a prima facie case against the petitioner. Holding that, considering the nature and gravity of the offence and the possibility of tampering with prosecution witnesses including the minor victim if released on bail, the petitioner was not entitled to bail, the Court dismissed the petition. - Mohammad Nawaz, J.

NC: 2025:KHC:35338 CRL.P No. 10139 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10139 OF 2025

BETWEEN:

CHAKALI KRISHNAMURTHY @ KRISHNA S/O. SRI. CHIKALISIDDAPPA, AGED ABOUT 39 YEARS, LAUNDRY WORK, R/AT GAVISHETTI NEAR MDC, HALAHALLI, MANDYA- 571 401

NATIVE OF: KUMBARAHAGEHALLI VILLAGE, GUDIBANDA TALUK, SRI. SATHYASAI DISTRICT, ANDRA PRADESH- 515 201.

&PETITIONER

(BY SRI. GIREESHA R J, ADVOCATE)

Digitally signed by LAKSHMI T Location: High Court of Karnataka

AND:

STATE BY MANDYA EAST POLICE STATION MANDYA -571 401. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU -560 001.

VICTIM GIRL D/O SRI V VENKATESH

SINCE MINOR REPRESENTED BY HER NATRUAL GUARDIAN FATHER

NC: 2025:KHC:35338 CRL.P No. 10139 of 2025

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HC-KAR

SRI VENKATESH S/O SRI PARASHURAM AGED ABOUT 37 YEARS PESENTLY R/AT BUDABALU VILLAGE PALYA HOBLI, HANOORU TALUK CHAMARAJA NAGAR DISTRICT - 571 313.

&RESPONDENTS

(BY Ms.ASMA KOUSER, ADDL. SPP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN SPL.C No.123/2025 IN CR.No.45/2025 FOR THE OFFENCE U/S 65(1),64(2)(M) AND 351(2) OF BNS 2023 AND SEC. 6,10 AND 12 OF THE POCSO ACT, 2012, REGISTERED BY THE MANDYA EAST P.S, MANDYA DISTRICT, NOW PENDING ON THE FILE HONBLE ADDL.SESSIONS JUDGE -FTSC-II, MANDYA.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner is the sole accused in Crime No. 45/2025

of Mandya East Police Station, registered for the offence punishable under Section 65(1), 64(2)(m), 351(2) of BNS, 2023 and Section 6, 10 and 12 of the POCSO Act 2012.

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NC: 2025:KHC:35338 CRL.P No. 10139 of 2025

HC-KAR

As per report submitted by the learned Addl.SPP,

victim's father has been served with the notice.

Heard the counsel for petitioner, learned Addl.SPP

for the State and perused the material on record.

Petitioner is accused of committing aggravated penetrative sexual assault on a minor girl aged 12 years, residing at Halahalli, Mandya City, instilling fear in her, on account of which she became pregnant.

According to prosecution, incident took place between 01.01.2024 to 11.04.2025. Date of birth of the victim is mentioned as 12.11.2012, in school records. Hence, prosecution contends that she was aged about 12 years when the offence was committed.

I have perused the statement of the victim girl recorded under Section 183 of the BNSS 2023, which prima-facie reveal the commission of offence by the accused. As per DNA profile results, accused is the biological father of the fetus. Hence, there is a prima-facie

4 - NC: 2025:KHC:35338 CRL.P No. 10139 of 2025

HC-KAR

case against the petitioner. Considering the nature and gravity of the offence, petitioner is not entitled for bail. Possibility of tampering the prosecution witnesses including the minor victim, is not ruled out, if the petitioner is released on bail. Hence, the petition is

dismissed .

Sd/(MOHAMMAD NAWAZ) JUDGE

DKB List No.: 1 Sl No.: 65 CT.SM