Sri. Vemanarayan vs State Of Karnataka & Anr.

Accused in Spl.SC.No.97/2026, pending before the Court of the Addl.District and Sessions Judge, FTSC-I (POCSO) at Chikkaballapura arising out of Crime No.27/2026 registered by Chintamani Town Police Station, for the offences punishable under Section 88, 94, 64(2)(f), 64(2) (m), 65(1) and Section 5(J) (ii), 5(l), 5(n) and 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act'), is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.27/2026 was registered by Chintamani Police Station, Chikkaballapura, for the offences punishable under Section 94 of BNS, 2023 against the unknown person based on the first information dated 28.02.2026 received from respondent No.2, who is the brother of the victim girl.

During the course of investigation of the case, the petitioner was arrested on 07.03.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against him for the aforesaid offences. His bail application filed before the trial Court in Spl.Sc.No.97/2026 was rejected on 11.06.2026. Therefore, he is before this Court.

The learned counsel for the petitioner and learned counsel for respondent No.2 jointly submit that parents of the petitioner and the parents of the victim girl are present before this Court along with respondent No.2. They submit that parties are willing to perform the marriage of the petitioner with the victim immediately after she attains the age of majority. It is submitted that the petitioner and the victim girl were in a consensual relationship and, as a result of their consensual sexual relationship, the victim girl became pregnant. Learned HCGP, however, brings to the notice of this Court that victim girl is a minor.

First informant in the present case is the brother of the victim girl. In the FIR dated 28.02.2026, it is averred that on the said day, at about 05.00 p.m., he had brought his younger sister to their home from her school and had gone outside. After sometime, his sister informed him that blood is found in their bathroom. Immediately, he went inside their bathroom and found fetus of a baby about 4 to 5 months old. It is under these circumstances, he had approached the police.

In the charge sheet, which is filed after investigation, it is alleged that petitioner and the victim who are relatives, were in love and they had sexual intercourse in the house of the victim girl on multiple occasions. As a result, the victim had conceived. After the petitioner was informed that victim was pregnant, he had asked her to eat pineapple and sesame seeds. After consuming the same, on 28.02.2026, her pregnancy was aborted. The first informant after seeing the fetus of the 4 to 5 months old girl-baby in the commode of their bathroom, had reported to police. DNA test report shows that petitioner is the biological father of the fetus in question.

The charge sheet would go to show that the petitioner and the victim girl are close relatives and they hail from the same village. Parents of the petitioner and the parents of the victim are before this court and they have filed affidavits before this Court undertaking to perform the marriage of the petitioner with the victim immediately after she attains the age of majority. Even the first informant, who is the brother of the victim girl has filed affidavit similar to the affidavits filed by the parents of both parties.

Under similar circumstances, the Co-ordinate Bench of this Court in Crl.P.No.14246/2025 dated 19.12.2025 has granted regular bail to the accused, who was the biological father of the fetus.

In paragraph Nos.7 to 9 of the Order passed in Crl.P.No.14246/2025, reads as follows:

It is not in dispute that the petitioner has no other criminal antecedents and he undertakes to co-operate before the trial court for expeditious disposal of the case. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following:

Accordingly, the following :

The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.No.97/2026 pending before the Court of Addl.District and Sessions Judge, FTSC-I (POCSO) at Chikkaballapura arising out of Crime No.27/2026 registered by Chintamani Police Station, Chickballapura for the offences punishable under Sections 88, 94, 64(2)(f), 64(2) (m), 65(1) and Section 5(J) (ii), 5(l), 5(n) and 6 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: