Sri Dhananjay Kumar @ Dhananjay Gowda Vs State of Karnataka

THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO ENLARGE THE APPELLANT ON REGULAR BAIL IN SPL.SC.NO.129/2025 ARISING OUT OF CRIME NO.105/2025 OF DIBBURAHALLI POLICE STATION, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT FOR THE OFFENCE P/SU/ 64(2)(m), 351(2), 329(4) OF BNS 2023 AND SEC.5(J)(ii), 5(L), 6 OF POCSO ACT AND SEC.3(1)(w)(i), 3(2)(v) OF SC/ST (POA) ACT 2015.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:17760 CRL.A No. 97 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL JUDGMENT

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This appeal is by accused No.1 impugning the order dated 04.10.2025 passed in Special Case No.129/2025 on

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the file of the Additional District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura (hereinafter referred to as 'the Trial Court') by which the application filed by the appellant under Section 483 of Bharatiya Nyaya Sanhita (BNS), 2023 seeking regular bail has been rejected.

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The case of the prosecution is that; upon a complaint

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filed by the victim, a case in Crime No.105/2025 came to be registered before the Dibburanahalli Women Police Station for the offences punishable under Sections 64(2)(m), 329(4) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023; Sections 5(j)(II), 5(l) and 6 of Protection of Children from Sexual Offences Act, 2012; Sections 3(1)(w)(i) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015.

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NC: 2026:KHC:17760 CRL.A No. 97 of 2026

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HC-KAR

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Investigation has been completed. Charge sheet has

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been filed against accused No.1-appellant herein as well as accused No.2-Subramani.

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In the complaint it is alleged that the victim girl who is pursuing her studies in I PUC in SMV College, Chikkaballapura, on 11.05.2025 had suffered epileptic attack. On Medical examination conducted on 13.05.2025,

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it was found that she was pregnant of seven months and fetus had died in the stomach, which was removed by medical procedure.

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Victim in her statement recorded on 24.05.2025, it was alleged that the accused No.1-appellant herein had come to her house when no one was at her house and had forcibly had sexual intercourse despite her resistance on

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many occasions resulting in she becoming pregnant. Accused No.2-Subramani having learnt about accused No.1-appellant herein having sexual intercourse with victim had threatened her of revealing the same to her

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NC: 2026:KHC:17760 CRL.A No. 97 of 2026

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HC-KAR

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father and he also had forcible sexual intercourse with the victim. The victim in the process had become pregnant.

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Learned High Court Government Pleader has filed FSL report dated 29.01.2026 which is obtained subsequently to filling of the present appeal.

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Perusal of the FSL report would indicate that the DNA profile of the fetus is consistent which having come from the offspring of victim and the accused No.1-appellant herein.

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The Trial Court on appreciation of evidence and material placed on record has found prima facie case against the accused-appellant herein, more particularly, on the basis of the medical records of the victim girl. The Trial Court has also found that as accused Nos.1 and 2 are from the same village, there is likelihood of influencing the prosecution witnesses and victim girl.

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