- 1 - HC-KAR NC: 2026:KHC:23059 CRL.P No. 4459 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4459 OF 2026 BETWEEN: DHANANJAYA K. S., S/O SHIVAPPA, AGED ABOUT 32 YEARS, R/AT BELAGURU, HOSADURGA TALUK, CHITRADURGA DISTRICT, KAMATAKA – 577 597. PERMANENT R/AT MARAVANJI, KADURU TALUK, CHIKKAMAGALURU DISTRICT, KARNATAKA – 577 182. …PETITIONER (BY SRI. HEMANTHA B., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY PEENYA P. S., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001. 2. PREMA, W/O BASAVARAJU, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23059 CRL.P No. 4459 of 2026 AGED ABOUT 40 YEARS, R/AT NO.48, NEAR NISARGA SCHOOL MAIN GATE, NELAGEDARANAHALLI, PEENYA, BENGALURU – 560 058. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO SET- ASIDE THE ORDER DATED 03.03.2026 IN SPL.C.NO.2576/2024, PASSED BY THE LEARNED ADDL CITY CIVIL AND SESSIONS JUDGE, FTSC-1, BENGALURU, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 351(2), 137(2), 75(1)(ii) AND 115(2) OF BNS AND SECTIONS 8, 11(iv) AND 12 OF POCSO., AND SAME IS PENDING BEFORE THE HON’BLE LEARNED ADDL CITY CIVIL AND SESSIONS JUDGE, FTSC-1, BENGALURU AND ALLOW THE APPLICATION FILED BY THE ACCUSED ON DATED 29.10.2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: "WHEREFORE, it is respectfully prays that, this Hon'ble court be pleased to set-aside the order dated 03.03.2026 in Spl.C.No.2576/2024, passed by the learned Addl City Civil and Sessions Judge, FTSC-1, Bengaluru, for the alleged offence punishable under sections 351(2), 137(2), 75(1)(ii) and 115(2) of BNS and sections 8, 11(iv) and 12 of POCSO., and same is - 3 - HC-KAR NC: 2026:KHC:23059 CRL.P No. 4459 of 2026 pending before the Hon’ble learned Addl City Civil and Sessions Judge, FTSC-1, Bengaluru and allow the application filed by the accused on dated 29.10.2025, in the interest of justice and equity." 2. Heard Sri.Hemantha B, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for the respondent-State and have perused the material on record. 3. Learned Addl. SPP on instructions would submit that in the peculiar facts of this case, statement under Section 161 of Cr.P.C., though that is electronically recorded be provided to the petitioner, which shall not be treated as a precedent to any other case. Ordered accordingly and Criminal Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 30