Sri Adarsha P S Vs the State of Karnataka

CONNECTION WITH SPL.S.C.No.71/2025 (CR.No.53/2025) REGSITERED BY THE MANCHENAHALLI P.S. CHIKKABALLAPURA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108,115(2),352,64(2)(m) OF BNS AND SECTION 8,12,5(j)(ii),6 OF POCSO ACT PENDING ON THE FILE OF THE LEARNED HON9BLE IV ADDL.DISTRICT AND SESSIONS JUDGE, AT CHIKKABALLAPURA.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Spl.S.C.No.71/2025 arising out of Crime No.53/2025 of Manchenalli Police Station registered for offences punishable under Sections 115(2), 352, 64(2)(m) of BNS and Sections 8, 12, 5(j)(ii) of Protection of Children from Sexual Offences Act, 2012 pending on the file of IV Additional District and Sessions Judge, Chikaballapur.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State. Inspite of service of notice, respondent No.2 remained absent and unrepresented.

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HC-KAR

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Learned counsel for the petitioner would

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contend that in the complaint filed by elder sister of the deceased, there is no any allegation against this petitioner. At the time of conducting inquest mahazar, statements of 03 persons have been recorded and there is also no any allegation against this petitioner. In the postmortem report, the deceased was found to be pregnant and product of conception has been preserved. The DNA test is not yet conducted. The deceased might have committed suicide as she was getting a chest pain as averred in the complaint. The petitioner is in judicial custody since 07.03.2025 and as the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.

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Per contra , learned High Court Government Pleader for respondent No.1-State would contend that the blood sample of the accused is not yet collected for DNA test. The charge sheet materials show prima facie case

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NC: 2025:KHC:48387 CRL.P No. 12670 of 2025

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HC-KAR

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against this petitioner. With these, she prays to reject the petition.

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Having heard learned counsels, this Court has perused charge sheet and other materials placed on record.

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The accusation against the petitioner as per charge sheet is that he was loving the deceased and under the promise of marriage he had sexual intercourse with her and as a result she became pregnant. The petitioner has advised the deceased to take pills for abortion and she did not agree and therefore, he abused her and alleged that deceased is having relationship with some other person and assaulted her with hands and told her that he will not marry her and asked her to go and die. As a result, the deceased committed suicide by hanging in her bathroom. In the post mortem report, the deceased was found to be pregnant and product of conception has been preserved. Even though the Investigation Officer has given requisition to collect the blood sample of the accused for

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HC-KAR

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DNA test on 17.04.2025, the blood sample of the petitioner has not been collected. It is only the DNA test which will show whether the petitioner is cause for pregnancy of deceased or not. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

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In the result, the following

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ORDER

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i) The petition is allowed.

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ii) The petitioner is granted bail in Spl.S.C.No.71/2025 arising out of Crime No.53/2025 of Manchenalli Police Station registered for offences punishable under Sections 115(2), 352, 64(2)(m) of BNS and Sections 8, 12, 5(j)(ii) of Protection of Children from Sexual Offences Act, 2012 pending on the file of IV Additional District and Sessions Judge, Chikaballapur subject to following conditins:

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