Sri Preetham vs State By Hennur Police Station
2026 Latest Caselaw 1855 Kant

Citation : 2026 Latest Caselaw 1855 Kant
Judgement Date : 26 February, 2026

[Cites 10, Cited by 0]

Karnataka High Court

Sri Preetham vs State By Hennur Police Station on 26 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                    -1-
                                                                NC: 2026:KHC:12013
                                                           CRL.P No. 14769 of 2025


                      HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 26TH DAY OF FEBRUARY, 2026

                                                  BEFORE
                      THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL PETITION NO. 14769 OF 2025
                                     (439(Cr.PC) / 483(BNSS))


                      BETWEEN:

                      1.   SRI PREETHAM
                           S/O SATISH
                           AGED ABOUT 18 YEARS,
                           RESIDING AT NO.112,
                           POOJAPPA LAYOUT,
                           CHELIKERE,
                           KALYANA NAGARA-POST,
                           BENGALURU-560 043.

                                                                     ...PETITIONER

                      (BY SRI. B M LOKESH.,ADVOCATE)

                      AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
                      1.   STATE BY HENNUR POLICE STATION
Location: HIGH
COURT OF                   REPRESENTED BY STATE PUBLIC PROSECUTOR
KARNATAKA
                           HIGH COURT BUILDING,
                           BENGALURU-560 001.

                                                                    ...RESPONDENT

                      (BY SRI. M R PATIL, HCGP)

                           THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
                      U/S 483 BNNS) PETITIONER TO GRANT THE REGULAR BAIL TO
                      THIS   PETITIONER    AND   RELEASE     PETITIONER    IN
                              -2-
                                            NC: 2026:KHC:12013
                                      CRL.P No. 14769 of 2025


HC-KAR




CR.NO.191/2025, REGISTER BY THE RESPONDENT, HENNURU
P.S. BENGALURU CITY, PUNISHABLE UNDER SECTIONS 70(1),
137(2), 115(2), 308(2), 351(2), 238 R/W 3(5) OF BNS 2023,
NOW IN CC.NO.62355/2025 ON THE FILE OF XI ADDITIONAL
CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY.

    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 accused No.1 under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying

to grant bail in Crime No.191/2025 of Hennur Police

Station registered for the offences punishable under

Sections 70(1), 137(2), 115(2), 308(2), 351(2), 238 read

with Section 3(5) of Bharatiya Nyay Sanhita, 2023.

2. Heard the learned counsel for petitioner and

learned High Court Government Pleader for

respondent/State.

3. The learned counsel for petitioner would

contend that the alleged incident has taken place on 2nd

and 3rd, April, 2025 and FIR has been registered on

NC: 2026:KHC:12013

HC-KAR

09.05.2025, and there is a delay in filing the complaint.

The petitioner has filed a complaint on 08.05.2025 and it

came to be registered in Crime No.190/2025 against the

brother of the victim girl, and accused No.3 for assaulting

the petitioner and accused No.2, and as a counter, the

present complaint has been filed by the victim. The victim

girl in her statement recorded under Section 183 of BNSS

has stated that the petitioner is a neighbour and friend of

the victim girl. In the medical examination report, there is

no mention of any external injuries on the victim girl. The

petitioner and accused No.2 have sustained serious

injuries as the accused No.3 and brother of the victim girl

have assaulted them. As the charge sheet is filed, the

petitioner is not required for custodial interrogation. With

this, he prays to allow the petition.

4. Per contra, the learned High Court Government

Pleader for respondent/State would contend that the

victim girl has specifically stated the acts of this petitioner

and accused No.2, taking her in a car to the house of

NC: 2026:KHC:12013

HC-KAR

accused No.2, making her to drink alcohol forcible and

committing sexual intercourse forcibly one after the other.

The medical examination report indicates that the hymen

of the victim is absent, and sexual assault cannot be ruled

out. The petitioner in the guise of uploading the alleged

act of sexual intercourse by him recorded in the mobile

phone has extorted money from the victim girl. The charge

sheet materials show a prima case against the petitioner

for the offences alleged against him. With this, he prayed

to reject the petition.

5. Having heard the learned counsel, the Court

has perused the charge sheet and other materials placed

on the record.

6. This Court while considering the bail petition of

accused No.2 in the order dated 12.02.2026 passed in Crl.

P No.16745/2025 has observed as under:

"6. As per chargesheet, accused Nos. 1 and 2 were having contact with the victim girl. On

NC: 2026:KHC:12013

HC-KAR

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 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 claspects, if the petitioner is granted bail there is threat to the victim girl and other prosecution witnesses."

NC: 2026:KHC:12013

HC-KAR

7. The petitioner and the accused No.2 took the

victim girl to the house of accused No.2, and made her to

consume alcohol forcibly, and thereafter, they had forcible

sexual intercourse one after the other on the victim girl.

The petitioner is stating that the said act of sexual

intercourse has been recorded in the mobile phone, and

threatening that he will upload the video in social media,

and had extorted money from the victim girl. The

prosecution has collected the materials to show that the

victim girl has sent money to the petitioner between