[Cites 4, Cited by 0]
Karnataka High Court
Dhananjay vs State Of Karnataka on 10 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:7996
CRL.P No. 16800 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16800 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
DHANANJAY
S/O CHINNIDORAL
AGED ABOUT 24 YEARS
RESIDING AT 191, AVATTI VILLAGE
THITTAKUDI TALUK, KADALURU
KARUR, TAMIL NADU-639 001
...PETITIONER
(BY SRI. GIRISH R, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HAL PS
NOW REPRESENTED BY
Digitally signed by
LAKSHMINARAYANA STATE PUBLIC PROSECUTOR
MURTHY RAJASHRI
Location: HIGH
HIGH COURT BUILDING
COURT OF
KARNATAKA
BENGALURU-560 001
2. R. PARVATI
C/O V. HARI
AGED ABOUT 38 YEARS
R/AT. 0061, 1ST FLOOR
SRI SAI HOMES
CHINNAPPANAHALLI
-2-
NC: 2026:KHC:7996
CRL.P No. 16800 of 2025
HC-KAR
DODDANEKUNDI
BENGALURU-560 037
...RESPONDENTS
(BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. VISHAK HEGDE M.S, ADVOCATE FOR
SRI. ANGAD KAMATH, ADVOCATE FOR R2)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
(FILED UNDER SECTION 483 OF BNNS) PRAYING TO PASS AN
ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE
RESPONDENT HAL PS TO RELEASE THE PETITIONER IN
CR.NO.274/2025 ON SPL.C 1738/2025 PENDING ON THE FILE
OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE- FTSC-
V, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE
UNDER SECTION UNDER SECTION 4(2) AND 6 OF PROTECTION
OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND
64(2)(m), 127(3), 87, 65(1) OF THE BHARATIYA NYAYA
SANHITHA (BNS) 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the sole accused under
Section 483 of BNSS praying to grant bail in Crime
No.274/2025 of HAL Police Station, registered for offences
under Section 4(2), Section 6 of POCSO Act and Sections
64(2)(m), 127(3), 87, 65(1) of BNS, pending in
Spl.C.1738/2025 on the file of Additional City Civil and
Sessions Judge, FTSC-V, Bengaluru.
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HC-KAR
2. Heard learned counsel for the petitioner, learned
HCGP for Respondent No.1/State and learned counsel for
respondent No.2.
3. Learned counsel for petitioner would contend that
the statement of the victim recorded by the
counsellor/apta Samalochakaru, indicate that the victim
girl is having love affair with the petitioner and she
voluntarily went with him. The victim girl is aged more
than 15 years and she is of the age of understanding the
consequences of her acts. The petitioner is in judicial
custody since 10.06.2025. As the charge sheet is filed, she
is not required for further custodial interrogation. There
are no criminal antecedents of the petitioner. The victim,
her mother and the school Principal have already been
examined. With this he prayed to allow the petition.
4. Per contra, learned HCGP would contend that the
date of birth of victim girl is 14.10.2009 and she is aged
15 years. The statement of the victim girl has been
recorded under Section 183 of BNSS wherein she has
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HC-KAR
stated the act of this petitioner having sexual intercourse
with her. The charge sheet material show prima-facie case
against the petitioner for the offences alleged against him.
With this he prayed to reject the petition.
5. Learned counsel for respondent No. 2 would
contend that the statement of the victim girl has been
recorded by the police wherein she has stated that the
petitioner had committed sexual intercourse against her
will. The victim girl having love affair is not a matter to be
considered. The petitioner is a resident of Tamil Nadu and
there is flight risk. With this, he prayed to reject the
petition.
6. Having heard the learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
7. The case of the prosecution as per charge sheet is
that the victim came in contact with the petitioner through
app and they exchanged mobile numbers and continued to
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have contact with each other. The petitioner, in the guise
of loving her, has induced her and secured her to Tamil
Nadu and took her to different place and stayed in a
rented house and had sexual intercourse against her will.
8. The statement of the victim girl has been
recorded under Section 183 of BNSS, wherein the victim
girl has specifically stated that she is having love affair
with the petitioner. The victim girl is aged 15 years and 8
months as on the date of incident and she is of the age of
understanding the consequences of her acts. The
petitioner is in judicial custody since 10.06.2025 and as
the charge sheet is filed, he is not required for further
custodial interrogation. There are no criminal antecedents
of the petitioner. The petitioner has undertaken to abide
by any conditions to be imposed by this Court.
9. Considering the above aspects, the petitioner has
made out case for grant of bail with conditions. In the
result, the following:
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HC-KAR
ORDER
Petition is allowed. Petitioner is granted bail in
Spl.C.No.1738/2025 (Crime No.274/2025 of HAL Police
Station), pending on the file of Additional City Civil and
Sessions Judge, FTSC-V, Bengaluru, subject to the
following conditions:
(i) Petitioner shall execute a personal bond
for a sum of Rs.1,00,000/- with one
surety for the like-sum to the satisfaction
of the trial Court.
(ii) Petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
(iii) Petitioner shall attend the trial Court on
all dates of hearing unless exempted and
co-operate for speedy disposal of the
case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 33
