Criminal Petition under Section 439 Cr.PC (read with Section 483 BNSS) by the sole accused seeking bail in Crime No.10/2024 of Bagepalli Police Station, pending as Spl.S.C.No.65/2024 before the Additional District and Sessions Judge, FTSC-I, Chikkaballapur, for offences punishable under Sections 376(3), 506 IPC and Sections 5(j)(ii), 5(n) and 6 of the Protection of Women from Sexual Offenses Act, 2012. His earlier bail application was rejected by the trial court vide order dated 12.08.2024. Prosecution case per charge sheet: the petitioner, cousin of the victim girl, took her to a place in a land, committed forcible sexual intercourse on her, repeated the offence on other days, and threatened to kill her father if she disclosed it; the victim became pregnant and gave birth to a male child on 09.01.2024; the child was given in adoption and died on 13.03.2024; the DNA test report indicates the petitioner is the biological father of the child; the victim's statement was recorded under Section 183 of the Bharatiya Nagrika Suraksha Sanhita, 2023; the victim was aged fourteen (14) years on the date of offence. Petitioner contended delay in complaint, property dispute with the victim's father, false implication, contradictions regarding involvement of three persons, and that the charge sheet cites 27 witnesses with the case at the stage of charge. The State opposed, relying on the Section 183 BNSS statement, the pregnancy and birth, the DNA report showing paternity, the heinous nature of the offence, the pendency of a discharge application, and threat to the victim and witnesses. Held: the charge sheet materials show a prima facie case against the petitioner; if granted bail there is a threat to the victim girl and other prosecution witnesses; the petitioner has not made out a case for grant of bail. Criminal Petition dismissed.
