IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD 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 REP BY STATE PUBLIC PROSECUTOR MURTHY RAJASHRI Location: HIGH HIGH COURT OF KARNATAKA COURT OF BENGALURU 560 001 KARNATAKA

2. SMT SAROJA W/O NAGARAJ AGE ABOUT 38 YEARS R/AT JAYAMMA BUILDING

2^ND CROSS NEAR GOVT SCHOOL CHIKKASANDRA BOURNE MILE BENGALURU 562 165 …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FO R-1;

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.

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 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 petitioner. The victim, in the history before the doctor, has also stated that she was having love affair wi