Karnataka HC Grants Bail To Man Accused Of Raping 14-Year-Old After DNA Report Excludes Him As Baby’s Biological Father

The petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case arising from a complaint by a 14-year-old girl alleging that he had sexually assaulted her during the 2025 Dasara vacation.

The victim later became pregnant and gave birth to a girl.

The petitioner was arrested on 11 April 2026; following investigation, a charge sheet was filed for offences under Sections 65(1), 126(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4(2), 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012.

The Trial Court rejected his bail application on 21 July 2026.

The DNA report dated 28 September 2026 excluded the petitioner as the biological father of the child.

The petition was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant bail.

The charged offences were under Sections 65(1), 126(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 4(2), 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012.

The Court did not cite a precedent or set out a separate general test for bail; it assessed the circumstances on record, including the DNA result, and imposed conditions intended to secure the petitioner’s attendance and prevent interference with witnesses.

The Court considered the victim’s allegations and the prosecution’s concern that the petitioner might tamper with witnesses, but noted that the investigation was complete and the charge sheet had been filed.

It also took account of the DNA report, which excluded the petitioner as the biological father of the child born to the victim, and the petitioner’s circumstances as a married man with minor children and the sole breadwinner of his family.

In view of these factors, the Court concluded that the request for regular bail should be allowed, subject to conditions.

Bail was subject to a personal bond of ₹1,00,000 with two sureties for the like amount; regular attendance at trial; no direct or indirect threat to, or tampering with, prosecution witnesses; no involvement in similar offences; and no leaving the Trial Court’s jurisdiction without its permission until disposal of the case.