Sri Nandan S Vs State of Karnataka

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NC: 2026:KHC:1025 CRL.P No. 16240 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16240 OF 2025 [(439(Cr.PC) / 483(BNSS)]

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BETWEEN:

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SRI. NANDAN S. S/O LATE SURESH, AGED ABOUT 19 YEARS, R/O. BAGESHAPURA VILLAGE, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 162.

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…PETITIONER

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(BY SRI. ANOOP HARANAHALLI, ADVOCATE FOR SRI. SRINIVAS RAO S.S., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA HASSAN WOMEN POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001.

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SMT. MAMATHA AGED ABOUT 39 YEARS OLD. W/O. SRI. MOHANCHAR, SATHENAHALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN - 573 220.

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MS. XXX D/O. SRI. MOHANCHAR & SMT. MAMATHA,

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2 - NC: 2026:KHC:1025 CRL.P No. 16240 of 2025

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HC-KAR

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AGED ABOUT 17 YEARS OLD, SATHENAHALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN - 573 220.

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…RESPONDENTS

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(BY SRI M.G. PATIL, HCGP FOR R1; R2 AND R3 SERVED AND UNREPRESENTED)

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THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.409/2025 REGISTERED BY HASSAN WOMEN POLICE STATION IN CRIME NO.64/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2) AND 64 OF THE BNS ACT AND UNDER SECTION 6 OF POCSO ACT, PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I AT HASSAN.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Spl.C.No.409/2025 (Crime No.64/2025 of Hassan Women Police Station) pending on the file of Additional District and Sessions Judge, FTSC-I, Hassan,

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NC: 2026:KHC:1025 CRL.P No. 16240 of 2025

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HC-KAR

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registered for offences punishable under Sections 137(2) and 64 of Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act.

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Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Inspite of service of notice to respondent Nos.2 and 3, they remained absent and unrepresented.

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Learned counsel for petitioner would contend that, there was love affair between the petitioner and the victim girl and they both voluntarily went out of the house to Dharmastala. The victim girl is aged seventeen (17) years and she is aware of consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The petitioner is aged nineteen (19) years. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition.

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Per contra, learned High Court Government

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Pleader for respondent No.1 - State would contend that,

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4 - NC: 2026:KHC:1025 CRL.P No. 16240 of 2025

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HC-KAR

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the petitioner intended to take the victim girl to Bombay and on coming to know while traveling in train, the victim girl got gown and went back to her place. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. The victim girl was minor at the time of the alleged offence. With these, he prayed for dismissal of the petition.

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Having heard the learned counsels appearing

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for parties, the Court has perused the charge sheet and other materials placed on record.

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As per the case of prosecution, the date of birth of the victim girl is 10.07.2008 and as on the date of offence, she was aged seventeen (17) years. It is alleged that, the petitioner who was loving the victim girl had sexual intercourse with her in her house twice on 20.07.2025 and on 07.08.2025. Both the petitioner and victim girl ran away from the house and went to Dharmastala. The statement of the victim girl recorded

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5 - NC: 2026:KHC:1025 CRL.P No. 16240 of 2025

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HC-KAR

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under Section 183 of BNSS indicates that, there was love affair between the petitioner and the victim girl. The victim girl is aged seventeen (17) years and she is aware of the consequences of her acts. The petitioner is in judicial custody since 11.08.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner.

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Considering all the above aspects, the petitioner

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has made out a case for grant of bail with conditions. In the result, the following;

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ORDER

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The Criminal Petition is allowed . The petitioner is

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granted bail in Spl.C.No.409/2025 (Crime No.64/2025 of Hassan Women Police Station) pending on the file of Additional District and Sessions Judge, FTSC-I, Hassan, subject to following conditions:

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i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the

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HC-KAR

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like-sum to the satisfaction of the trial Court.

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ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 5

Sri Nandan S v. State of Karnataka

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Sri Nandan S v. State of Karnataka

Case brief

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