[Cites 9, Cited by 0]
Karnataka High Court
Devaraju @ Vinith Devendra @ Devu vs The State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:10769
CRL.P No. 12427 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 12427 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. DEVARAJU @ VINITH DEVENDRA @ DEVU
S/O RUDRAIAH,
AGED ABOUT 30 YEARS,
R/AT KUSHAVARA VILLAGE,
AREHALLI HOBLI,
BELUR TALUK,
HASSAN DISTRICT - 573 201.
...PETITIONER
(BY SRI. YASHWANTH M. FOR
SRI GIRISH B BALADARE, ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI BY BELUR POLICE STATION
Location: HIGH HASSAN DISTRICT - 573 201
COURT OF
KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE - 01.
2. YASHODA
W/O LATE RDURAIAH,
AGED ABOUT 41 YEARS,
R/O MALLIGANURU VILLAGE,
BIKKODU HOBLI,
-2-
NC: 2026:KHC:10769
CRL.P No. 12427 of 2025
HC-KAR
BELUR TALUK,
HASSAN DIST 573201.
...RESPONDENTS
(BY SRI. MOHD.AYUB ALI, ADDL.SPP)
THIS CRIMINAL PETITION FILED UNDER SECTION 439
CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY
BE PLEASED TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER REGULAR BAIL IN CR.NO.311/2024 REGISTERED
BY THE BELUR P.S., HASSAN DISTRICT, FOR THE OFFENCES
P/U/S 137(2),75,96,126(2),351(2),64 OF BNS, U/S 6 OF THE
POCSO ACT, PENDING ON THE FILE OF ADDL. DISTRICT AND
SESSIONS JUDGE, FTSC-I, AT HASSAN IN
SPL.C.NO.69/2025.THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, FTSC-1, HASSAN.
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 the BNSS praying to grant bail in Crime
No.311/2024 of Belur Police Station, registered for
offences punishable under Sections 137(2), 75, 96,
126(2), 351(2) and 64 of BNS and Section 6 of POCSO
Act, pending in a Spl.C.No.69/2025 on the file of
Additional District and Sessions Judge, FTSC-1, Hassan.
NC: 2026:KHC:10769
HC-KAR
2. Heard learned counsel for the petitioner and
learned Additional SPP for respondent No.1/State. Inspite
of service of notice, respondent No.2 remained absent and
unrepresented.
3. Learned counsel for the petitioner would contend
that petitioner and the victim girl were in love affair and
the same has been stated by the victim girl in her
statement recorded by the investigating officer and also
before the doctor at the time of her examination. The
victim girl is aged 15 years as on the date of alleged
offence and she is of the age of understanding the
consequences of her acts. The petitioner is in judicial
custody since 21.12.2024 and as the charge sheet is filed,
he is not required for further custodial interrogation. There
are no criminal antecedents of the petitioner. With this, he
prayed to allow the petition.
4. Per contra, learned Addl.SPP would contend that
the victim girl in her statement before the Investigating
Officer has stated that the petitioner had forcible sexual
NC: 2026:KHC:10769
HC-KAR
intercourse in a room in a lodge. The victim girl is aged 15
years as on the date of alleged offence. The charge sheet
materials show prima-facie case against the petitioner for
the offences alleged against him. With this he prayed to
reject the petition.
5. Having heard the learned counsels, the Court has
perused the charge sheet and other materials placed on
record.
6. The case of the prosecution as per charge sheet is
that the accused came in contact with CW.2/victim girl and
told her that he is loving her and promised to marry her
and took her on 18.12.2024 at 07.00 a.m. on his bike and
roamed with her and took her to a room in the lodge and
had sexual intercourse several times till 07.00 a.m. on
19.12.2024.
7. The date of birth of the victim girl as per her
school records is 18.03.2010. The victim girl is aged about
15 years. The victim girl in her statement before the
NC: 2026:KHC:10769
HC-KAR
Investigating Officer has stated that she was in love affair
with the petitioner and on coming to know the same the
family members of the victim girl have scolded her and
she intimated the same to the petitioner. At that time
petitioner told her that he will marry her. On 18.12.2024,
he took her on bike and roamed with her till evening and
took her to a room in a hotel and had sexual intercourse
against her will. The victim girl has been examined by the
doctor and at the time of examination the victim girl has
stated before the doctor that she had affair with the
petitioner. They were chatting on phone and on
18.12.2024 he took her to Sumukh Residency, Belur from
08.00 p.m. to 07.00 a.m. and both had consensual sex
there.
8. Considering the above aspects, it is clear that the
victim is having love affair with the petitioner. The victim
girl is of the age of understanding the consequences of her
acts. As the charge sheet is filed, the petitioner is not
required for further custodial interrogation. The petitioner
NC: 2026:KHC:10769
HC-KAR
is in judicial custody since 21.12.2024. There are no
criminal antecedents of the petitioner. Considering the
above aspects, the petitioner has made out a case for
grant of bail with conditions. In the result, the following:
ORDER
The petition is allowed. The petitioner is granted bail
in Spl.C.No.69/2025 (Crime No.311/2024 of Belur Police
Station) on the file of Additional District and Sessions
Judge, FTSC-1, Hassan, subject to following conditions:
(i) The petitioner shall execute a personal
bond for sum of Rs.1,00,000/- with one
surety to the satisfaction of the trial
Court.
(ii) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
(iii) The petitioner shall attend the trial
Court on all dates of hearing unless
NC: 2026:KHC:10769
HC-KAR
exempted and co-operate for speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 33
