Dhananjay Vs State of Karnataka

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NC: 2026:KHC:7996 CRL.P No. 16800 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16800 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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DHANANJAY S/O CHINNIDORAL AGED ABOUT 24 YEARS RESIDING AT 191, AVATTI VILLAGE THITTAKUDI TALUK, KADALURU KARUR, TAMIL NADU-639 001

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…PETITIONER

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(BY SRI. GIRISH R, 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 BY HAL PS NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001

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R. PARVATI C/O V. HARI AGED ABOUT 38 YEARS R/AT. 0061, 1^ST FLOOR SRI SAI HOMES CHINNAPPANAHALLI

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NC: 2026:KHC:7996 CRL.P No. 16800 of 2025

HC-KAR

DODDANEKUNDI

BENGALURU-560 037

…RESPONDENTS

(BY SRI. M.R. PATIL, HCGP FOR R1; SRI. VISHAK HEGDE M.S, ADVOCATE FOR SRI. ANGAD KAMATH, ADVOCATE FOR R2)

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THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNNS) PRAYING TO PASS AN ORDER GRANTING REGULAR BAIL THEREBY DIRECTING THE RESPONDENT HAL PS TO RELEASE THE PETITIONER IN CR.NO.274/2025 ON SPL.C 1738/2025 PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE- FTSCV, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION UNDER SECTION 4(2) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND 64(2)(m), 127(3), 87, 65(1) OF THE BHARATIYA NYAYA SANHITHA (BNS) 2023.

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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 the sole accused under

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Section 483 of BNSS praying to grant bail in Crime No.274/2025 of HAL Police Station, registered for offences under Section 4(2), Section 6 of POCSO Act and Sections 64(2)(m), 127(3), 87, 65(1) of BNS, pending in Spl.C.1738/2025 on the file of Additional City Civil and Sessions Judge, FTSC-V, Bengaluru.

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3 - NC: 2026:KHC:7996 CRL.P No. 16800 of 2025

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HC-KAR

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Heard learned counsel for the petitioner, learned HCGP for Respondent No.1/State and learned counsel for respondent No.2.

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Learned counsel for petitioner would contend that the statement of the victim recorded by the counsellor/apta Samalochakaru, indicate that the victim girl is having love affair with the petitioner and she voluntarily went with him. The victim girl is aged more than 15 years and she is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 10.06.2025. As the charge sheet is filed, she is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The victim, her mother and the school Principal have already been examined. With this he prayed to allow the petition.

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Per contra , learned HCGP would contend that the date of birth of victim girl is 14.10.2009 and she is aged 15 years. The statement of the victim girl has been recorded under Section 183 of BNSS wherein she has

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NC: 2026:KHC:7996 CRL.P No. 16800 of 2025

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HC-KAR

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stated the act of this petitioner having sexual intercourse with her. The charge sheet material show prima-facie case against the petitioner for the offences alleged against him. With this he prayed to reject the petition.

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Learned counsel for respondent No. 2 would contend that the statement of the victim girl has been recorded by the police wherein she has stated that the petitioner had committed sexual intercourse against her will. The victim girl having love affair is not a matter to be considered. The petitioner is a resident of Tamil Nadu and there is flight risk. With this, he prayed to reject the petition.

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Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

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The case of the prosecution as per charge sheet is

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that the victim came in contact with the petitioner through app and they exchanged mobile numbers and continued to

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5 - NC: 2026:KHC:7996 CRL.P No. 16800 of 2025

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HC-KAR

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have contact with each other. The petitioner, in the guise of loving her, has induced her and secured her to Tamil Nadu and took her to different place and stayed in a rented house and had sexual intercourse against her will.

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The statement of the victim girl has been recorded under Section 183 of BNSS, wherein the victim girl has specifically stated that she is having love affair with the petitioner. The victim girl is aged 15 years and 8 months as on the date of incident and she is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 10.06.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to abide by any conditions to be imposed by this Court.

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