Citation : 2026 Latest Caselaw 1620 Kant
Judgement Date : 21 February, 2026
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NC: 2026:KHC:10891
CRL.P No. 95 of 2026
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. 95 OF 2026 (438(Cr.PC) /
482(BNSS)-)
BETWEEN:
KRISHNA KUMAR
S/O GANESH N
AGED ABOUT 38 YEARS
R/AT 54/1, 7TH CROSS
SUMATHINAGARA, KG F, PO
ROBERTSONPET, DIST KOLAR
KARNATAKA-563122
...PETITIONER
(BY SRI. FARHEEN.,ADVOCATE)
AND:
THE STATE OF KARNATAKA
ANDERSONPET POLICE STATION
KOLAR GOLD FIELDS (KGF)
REP BY STATE PUBLIC PROSECUTOR
BENGALURU-561203
...RESPONDENT
(BY SRI.M.R.PATILK., HCGP)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482
Location: HIGH
COURT OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
KARNATAKA
THAT THIS HONOURABLE COURT MAY BE PLEASED TO ORDER
THE RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE
EVENT OF ARREST IN CRIME NO.0119/2025 REGISTERED AT
ANDERSONPET POLICE STATION, KGF, FOR THE OFFENCES
P/U/S 318(2), 69, AND 64(2)(m) OF THE BNS 2023.THE III
ADDL. DISTRICT AND SESSIONS JUDGE,KOLAR (SITTING AT
KGF) HAS REJECTED THE BAIL PETITION ON 22.12.2025 IN
CRL.MISC.NO.2025.COPY SERVED ON SPP.
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NC: 2026:KHC:10891
CRL.P No. 95 of 2026
HC-KAR
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 the sole accused under
Section 482 of BNSS praying to grant anticipatory bail in
Crime No. 119/ 2025 of Andersonpet Police Station, KGF,
registered for offence under Sections 318(2), 69 and
64(2)(m) of BNS.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that the alleged act of sexual intercourse, as per
complaint, has taken place in the house of the victim on
23.05.2025. Earlier mother of the victim girl had filed a
missing complaint of the victim girl and in that the victim
herself had given a statement that she had gone with the
petitioner to Malur side and stayed in a house at Shanti
Nagar. Petitioner is a married man having wife and
NC: 2026:KHC:10891
HC-KAR
children. Marriage of the petitioner with one G. Sharanya
had taken place in the year 2016. There is no question of
petitioner promising the victim girl that he will marry her.
The offence alleged against the petitioner is not punishable
either with death or imprisonment for life. Petitioner
undertakes to cooperate with the Investigating Officer in
the investigation and abide by any conditions to be
imposed by this Court. There are no criminal antecedents
of the petitioner. With this, she prayed to allow the
petition.
4. Per contra learned HCGP would contend that
the matter is under investigation. Petitioner is required for
custodial interrogation. With this, he prayed to reject the
petition.
5. Having heard learned counsel for the parties the
Court has perused the FIR, complaint and other materials
placed on record.
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HC-KAR
6. As per averments of the complaint, petitioner
and the victim girl were loving each other and working
together in BEML factory. On 23.05.2025, after work, she
was in the house. Petitioner came to her house in the
absence of her parents and had sexual intercourse with
her without her consent and she became pregnant.
Petitioner had refused to marry her and therefore she filed
complaint. Mother of the victim girl had filed complaint for
missing of the victim girl on 23.05.2025. In the said case
statement of the petitioner and the victim girl has been
recorded wherein she has stated that she went with the
petitioner on 22.05.2025 and stayed in Shantinagar of
Malur in a rented house. Petitioner is a married man and
the victim girl was knowing that he was a married man. It
is stated that victim girl was insisting her family members
that she will marry only the petitioner and she has been
advised that petitioner is a married man.
NC: 2026:KHC:10891
HC-KAR
7. The offence alleged against the petitioner is not
punishable either with the death or imprisonment for life.
Petitioner has undertaken to cooperate with the
Investigating Officer in the investigation. There are no
criminal antecedents of the petitioner.
8. Considering the above aspects petitioner has
made out case for grant of anticipatory bail with
conditions.
In the result, the following;
ORDER
Petition is allowed. Petitioner is ordered to be
released on bail in the event of his arrest in Crime No.
119/2025 of Andersonpet Police Station subject to
following conditions.
I. Petitioner shall voluntarily appear before the
Investigating Officer within 15 days from this day
and execute bail bond for a sum of Rs.1,00,000/-
NC: 2026:KHC:10891
HC-KAR
with one surety for the likesum to the satisfaction of
the Investigating Officer.
II. Petitioner shall appear before the Investigating
Officer whenever called for and cooperate for
investigation.
III. Petitioner shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court
or to any Police officer or tamper with the evidence.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 1 Sl No.: 64
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