Citation : 2026 Latest Caselaw 1664 Kant
Judgement Date : 23 February, 2026
-1-
NC: 2026:KHC:10962
CRL.P No. 13669 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 13669 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
SRI. DHANANJAYA KUMAR B M @ DHANANJAYA
S/O B J MANJUNATH
AGED ABOUT 33 YEARS
R/AT BOOMMANAKERE
BYAKARAVALLIL POST
SAKALESHPURA TALUK
HASSAN DISTRICT 573134
CURRENTLY R/AT
UMMICON ESTATE SARIPALLA ROAD
MANGALORE CITY 575 001
...PETITIONER
(BY SRI.NARAYANA., FOR SRI. VINAY S.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed by BY SOLADEVANAHALI P S
LAKSHMINARAYANA
MURTHY RAJASHRI REP BY STATE PUBLIC PROSECUTOR
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF
KARNATAKA BENGALURU 560 001
2. SMT SAROJA
W/O NAGARAJ
AGE ABOUT 38 YEARS
R/AT JAYAMMA BUILDING
2ND CROSS NEAR GOVT SCHOOL
CHIKKASANDRA BOURNE MILE
BENGALURU 562 165
...RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FO R-1;
-2-
NC: 2026:KHC:10962
CRL.P No. 13669 of 2025
HC-KAR
NOTICE SERVED TO R-2 BUT UNREPRESENTED)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO
ENLARGING THE PETITIONER ON BAIL IN SPL.C NO.521/2025
ARISING OUT OF CR.NO.122/2025 REGISTERED BY
SOLADEVANHALLI P.S, BENGALURU FOR THE O/P/US/
137(2),64(2)(m) OF THE BNS, SEC.5(L) AND 6 OF THE POCSO
ACT, PENDING BEFORE THE HONBLE ADDL.DIST. AND
SESSION JUDGE, FTSC-II, BENGALURU RURAL DISTRICT 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
This petition is filed by the sole accused under
Section 483 praying to grant bail in Special Case
No.521/2025 arising out of Crime No.122/2025 of
Soladevanahalli Police Station, pending on the file of
Additional District and Sessions Judge, FTSC-II, Bangalore
Rural District, Bangalore, registered for offences
punishable under Sections 137(2), 64(2)(m) of BNS and
Section 5L and 6 of the POCSO Act.
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HC-KAR
2. Heard, the learned counsel for the petitioner and
learned HCGP 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 there was a love affair between the petitioner and the
victim girl. The victim girl is aged 16 years as on the date
of alleged offence and she is of the age of understanding
the consequences of her acts. The victim girl in her
statement recorded under Section 183 of BNSS and also in
the statement before the Doctor has stated that she is
having love affair with the petitioner. The victim girl
voluntarily went to Hassan to the place of the accused. As
the charge sheet is filed, the petitioner 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 HCGP would contend that even
though there was love affair between petitioner and the
NC: 2026:KHC:10962
HC-KAR
victim girl as stated by her in the statement recorded
under Section 183 of BNSS, but she has stated that
petitioner had forcible sexual intercourse on her. The
charge sheet material show prima-facie case against the
petitioner for the offences alleged against him. With this,
she 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. As per charge sheet, the allegation against the
petitioner is that he was insisting the victim girl to love
him and on 15.04.2025 he made a phone call to her and
secured her to Hassan through CW.5 and kept in the
house of CW.8 stating that she is major and he will marry
her and had sexual intercourse 3-4 times on her. The date
of birth of the victim girl is 13.05.2009 and as on the date
of the alleged incident, she was aged about 16 years. The
victim girl in her statement recorded under Section 183 of
the BNSS has stated that she is having love affair with the
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HC-KAR
petitioner. The victim, in the history before the doctor, has
also stated that she was having love affair with the
petitioner and she had consensual intercourse with the
accused. The victim girl is of the age of understanding the
consequences of her acts. The petitioner is in judicial
custody since 19.04.2025 and as the charge sheet is filed,
he is not required for further custodial interrogation. There
are no criminal antecedents of the petitioner.
7. Considering the above aspects, the petitioner has
made out case for grant of bail with conditions. In the
result, the following:
ORDER
Petition is allowed. The petitioner is granted bail in
Special Case No.521/2025 arising out of Crime
No.122/2025 of Soladevanahalli Police Station, pending on
the file of Additional District and Sessions Judge, FTSC-II,
Bangalore Rural District, Bangalore, subject to following
conditions:
NC: 2026:KHC:10962
HC-KAR
(i) The 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) 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 exempted and co-operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 37
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