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2026 DAILYLAW 39748 (KAR)

JANARDHANACHARI @ JANAKI v. STATE OF KARNATAKA

CRL.P/11522/2026 · 2026-09-10

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010522512026 NC: 2026:KHC:49587 CRL.P No. 11522 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11522 OF 2026 BETWEEN: 1. JANARDHANACHARI @ JANAKI S/O LATE RANAGACHARI AGED ABOUT 40 YEARS R/AT 5TH WARD BEHIND SIDE OF IDGAH ASJID PRASHANTA NAGARA CHIKKABALLAPURA TOWN - 562 101. …PETITIONER (BY SRI VINOD N, ADV.) AND: 1. STATE OF KARNATAKA BY CHIKKABALLAPURA WOMEN P.S REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER I.E ACCUSED NO.2 ON BAIL IN S.C.NO.111/2025 I.E CR.NO.94/2025 PENDING ON THE FILE OF THE COURT OF 1ST ADDL.DIST. AND SESSIONS JUDGE AT CHIKKABALLAPURA REGISTERED BY THE CHIKKABALLAPURA WOMEN P.S. FOR THE OFFENCE P/U/S 70(1),115(2) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010522512026 NC: 2026:KHC:49587 CRL.P No. 11522 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in S.C.No.111 of 2025 arising out of Crime No.94 of 2025 registered by Chikkaballapura Women Police Station, Chikkaballapura District for offences punishable under Sections 70(1) & 115(2) of BNS, 2023 is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.94 of 2025 was registered by Chikkaballapura Women Police Station, Chikkaballapura District for aforesaid offences against one Dhanush and another, based on the first information dated 11.10.2025, received from the victim lady, aged about 35 years. In the said case, petitioner herein was arrested on 13.10.2025 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons. The petitioner is arrayed as accused no.2 in the charge sheet. His bail application filed before the - 3 - HC-KAR CNR: KAHC010522512026 NC: 2026:KHC:49587 CRL.P No. 11522 of 2026 jurisdictional Sessions Court in S.C.No.111 of 2025 was rejected on 16.03.2026 and therefore, he is before this Court. 4. Victim lady had approached the Police on 11.10.2025 alleging that on 10.10.2025 at about 03.00 p.m. when she was walking on the road side, a boy who came in a scooter allegedly asked her to accompany him. Therefore, she sat in his scooter and he took her to a isolated place and had forcible sexual intercourse with her. Thereafter, he allegedly promised to marry her, took her gold earrings and dropped her near her grandmother's house at about 04.30 pm. Subsequently, at about 05.00 p.m, the said boy who had introduced himself as Dhanush, came along with another person in a scooter and asked her to accompany them. Thereafter, they took her to the isolated place and once again both of them had forcible sexual intercourse with her and dropped her back near a petrol bunk. It is in this background, FIR was registered against one Dhanush and Gangadhara. 5. During the course of investigation, accused nos.1 & 2 named in the FIR in present case were arrested on - 4 - HC-KAR CNR: KAHC010522512026 NC: 2026:KHC:49587 CRL.P No. 11522 of 2026 13.10.2025 and remanded to judicial custody. In the charge sheet which is filed thereafter it is alleged that accused nos.1 and 2 named in the charge sheet had introduced themselves as Dhanush and Gangadhara to the victim lady and had committed the alleged act as stated in the first information. 6. Victim lady has alleged that accused no.1, who had initially taken her at about 03.00 p.m. on 10.10.2025 had raped her, taken her gold earrings with a promise to marry her and thereafter, dropped her near her grandmother's house. Further, allegation is that subsequently, on the same day, accused nos.1 and 2 came near her grandmother's house at about 05.00 p.m. and took her along with them and once again they raped her in a isolated place. Victim lady, aged 35 years is married and she has deserted her husband. Her statement would reveal that she is a B.com graduate. Petitioner aged 40 years has no other criminal antecedents and he is said to be a married man having children. Investigation of the case is completed and charge sheet is filed. - 5 - HC-KAR CNR: KAHC010522512026 NC: 2026:KHC:49587 CRL.P No. 11522 of 2026 7. Considering the nature of allegations found in the first information as well as in the charge sheet which is now filed, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively without expressing any opinion on the merits and demerits of the case. Accordingly, the following:- ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in S.C.No.111 of 2025 arising out of Crime No.94 of 2025 registered by Chikkaballapura Women Police Station, Chikkaballapura District for offences punishable under Sections 70(1), 115(2) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless - 6 - HC-KAR CNR: KAHC010522512026 NC: 2026:KHC:49587 CRL.P No. 11522 of 2026 the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future. e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 58