Citation : 2026 Latest Caselaw 1213 Kant
Judgement Date : 12 February, 2026
-1-
NC: 2026:KHC:8767
CRL.P No. 16745 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16745 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI. KIRAN @ MANOJ KIRAN
S/O SRI JAGANNATH
AGED ABOUT 33 YEARS
R/AT No.14, 3RD CROSS
NEAR CHAITHANYA SCHOOL
IN FRONT OF GANGAMMA TEMPLE
POOJAPPA LAYOUT, CHELIKERE
KALYAN NAGAR POST
BENGALURU-560 043
...PETITIONER
(BY SRI PATTABI RAMAN C, ADVOCATE)
AND:
Digitally signed by STATE OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BY HENNUR POLICE STATION
Location: HIGH REP. BY SPP.
COURT OF
KARNATAKA HIGH COURT BUILDING
BENGALURU- 560 001
...RESPONDENT
(BY SRI. MOHD. AYUB ALI, ADDL.SPP)
THIS CRL.P IS FILED UNDER SECTION 439 OF Cr.P.C.
(FILED UNDER SECTION 483 OF BNSS) PRAYING TO ALLOW
THE PETITION BY ENLARGING THE PETITIONER/ACCUSED NO.2
ON BAIL IN CR.No.191/2025 FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 115(2), 137(2), 308(2), 351(2), 70(1) R/W
SECTION 3(5) OF BNS 2023 REGISTERED BY THE HENNUR
-2-
NC: 2026:KHC:8767
CRL.P No. 16745 of 2025
HC-KAR
POLICE, BENGALURU PENDING BEFORE THE LEARNED XI ADDL
CMM AT BENGALURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by accused No. 2 under
Section 483 of BNSS praying to grant bail in Crime No.
191/2025 of Hennur Police Station registered for offence
under Sections 115(2), 137(2), 308(2), 351(2), 70(1)
read with Section 3(5) of BNS.
2. Heard learned counsel for petitioner and
learned Additional SPP for respondent - State.
3. Learned counsel for petitioner would contend
that petitioner and accused No.1 were in contact with the
victim girl and used to talk with her. Victim girl herself
voluntarily came with the petitioners in their car. Victim
girl is in the habit of consuming alcohol. She consumed
alcohol. Alleged act of sexual intercourse is consensual.
Victim girl is aged 19 years. The Doctor who examined the
NC: 2026:KHC:8767
HC-KAR
victim girl has noted no external injuries over the body of
the victim girl. Complaint has been filed by the mother.
Allegation of extortion of money in the guise of uploading
the video is by accused No. 1. Now chargesheet has been
filed and petitioner is not required for custodial
interrogation. With this he prayed to allow the petition.
4. Per contra learned Additional SPP would
contend that statement of victim girl has been recorded
under Section 183 of BNSS. In the said statement, the
victim girl has specifically stated the act of accused Nos. 1
and 2 committing forcible sexual intercourse on her, one
after the other, in the house of petitioner - accused No. 2.
Chargesheet material show prima facie case against the
petitioner for the offences alleged against him. If the
petitioner is granted bail, there is threat to the victim girl
and other prosecution witnesses. With this, he prayed to
reject the petition.
NC: 2026:KHC:8767
HC-KAR
5. Having heard learned counsel for the parties the
Court has perused the chargesheet and other materials
placed on record.
6. As per chargesheet, accused Nos. 1 and 2 were
having contact with the victim girl. On 02.04.2025 accused
Nos. 1 and 2 took the victim girl to the house of this
petitioner - accused No. 2 and made her to consume
alcohol forcibly. Thereafter accused Nos. 1 and 2 have
forcibly committed sexual intercourse, one after the other,
on the victim girl. Accused No. 1 has recorded the video of
accused No. 2 sexually assaulting the victim girl. Accused
No. 1, by threatening the victim girl that he will upload the
video in social media, had extracted money from her.
7. Statement of the victim girl has been recorded
under Section 183 of BNSS. The victim girl has specifically
stated the acts of this petitioner and accused No. 1 taking
her to the house of accused No. 2 in the car, making her
to forcibly consume alcohol, committing forcible sexual
intercourse on her one after the other and accused No. 1
NC: 2026:KHC:8767
HC-KAR
recording the act of accused No. 2 committing sexual
assault in mobile. The Doctor who examined the victim girl
has stated that sexual assault cannot be ruled out.
Chargesheet material show prima facie case against the
petitioner for offence alleged against him. The offence
alleged against the petitioner and other accused is a
heinous offence i.e. gang rape. Considering the above
aspects, if the petitioner is granted bail there is threat to
the victim girl and other prosecution witnesses.
8. Considering the above aspects, petitioner has
not made out any grounds for grant of bail.
In the result, petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 2 Sl No.: 11
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!