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2026 DAILYLAW 52336 (KAR)

SRI MANJUNATH DESAI S/O BHIMANNA ALIAS BHIMAPPA v. THE STATE OF KARNATAKA

CRL.P/100002/2026 · 2026-02-04

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1563 CRL.P No. 100002 of 2026 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100002 OF 2026 (438(CR.PC)/482(BNSS)) BETWEEN: SRI MANJUNATH DESAI S/O BHIMANNA @ BHIMAPPA AGE. 21 YEARS, OCC. AGRI., R/O. NEAR PANCHAYATH CHIKKABOMMANAL TQ AND DIST. KOPPAL 583132. …PETITIONER (BY SRI. ANAND R. KOLLI,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, THROUGH KOPPAL WOMEN POLICE STATION DIST. KOPPAL 583231. 2. SMT. IRAMMA KOLLI W/O RUDRAPPA AGE. 38 YEARS, OCC. HOUSE HELP HIRED, R/O. CHIKKABOMMAN TQ. DIST. KOPPAL 583231. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. SAJID GOODWALA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, 2023, PRAYING TO SET ASIDE THE ORDER DATED 15.12.2025 PASSED BY THE ADDITIONAL DISTRICT AND SESSION JUDGE, FTSC- 1, KOPPAL IN CRL.MISC NO. 476/2025 THERE BY REJECTING THE GRANT OF ANTICIPATORY BAIL IN CONNECTION WITH CRIME NO. 76/2025 REGISTERED BY THE KOPPAL WOMEN POLICE STATION DISTRICT KOPPAL FOR AN OFFENCE P/U/SECC. 78(1)(i) OF BNS AND U/SEC. 8, 12 OF POCSO ACT. AND THE PETITIONER PRAYING THAT MAY BE ENLARGED ON ANTICIPATORY BAIL IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.05 11:42:25 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1563 CRL.P No. 100002 of 2026 THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Anand R. Kolli, learned counsel for the petitioner, Sri. P.N. Hatti, learned High Court Government Pleader for respondent No.1-State and Sri. Sajid Goodwala, learned counsel for respondent No.2. 2. Petition under Section 482 of Bharatiya Nyaya Suraksha Sanhita, 2023 with the following prayer: “Wherefore, the petitioner/accused most respectfully prayed that, this Hon’ble Court may be pleased set aside the order dated 15.12.2025 passed by the Hon’ble Additional District and Sessions Judge, FTSC-1, Koppal in Crl.Misc. No.476/2025 thereby rejecting the grant of Anticipatory Bail in connection with Crime No.76/2025 registered by the Koppal Women Police Station District Koppal for an offence punishable U/S 78(1)(i) of BNS & U/S. 8, 12 of POCSO Act and the petitioner prayed that, this Hon’ble Court may be pleased to enlarged on Anticipatory bail in the interest of justice. ” - 3 - HC-KAR NC: 2026:KHC-D:1563 CRL.P No. 100002 of 2026 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: 3.1. Respondent No.2 filed a complaint with Woman Police Station, Koppal, alleging the commission of the offences punishable under Sections 78(1)(i) of Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 4. Gist of the complaint averments would reveal that on 07.11.2025 at about 05.30 p.m., daughter of the complainant came crying to the house and on enquiry she revealed that the present petitioner who was Kabbaddi Coach followed her and pulled her hands and she did not reveal the same on account that she would be discontinued from the school. 5. At about 05.00 p.m., on 07.11.2025, the petitioner said to have made a proposal of love affair to her and kissed her and also squeezed her breast. Therefore, she complained to her mother. - 4 - HC-KAR NC: 2026:KHC-D:1563 CRL.P No. 100002 of 2026 6. Based on the complaint police registered the case in Crime No.76/2025 on 08.11.2025 and are investigating the matter. 7. Petitioner is not available for the investigation. 8. Anticipatory bail request of the petitioner is turned down by the learned District Judge. Therefore, the petitioner is before this Court. 9. In respect of the same incident, on 08.11.2025 there is also a complaint came to be filed against the complainant and others by the father of the present petitioner. The same is registered in Crime No.200/2025 by the very same police for several offences including the offences punishable under Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Therefore, as a counter blast, a false case has been filed in the contention of the petitioner. - 5 - HC-KAR NC: 2026:KHC-D:1563 CRL.P No. 100002 of 2026 10. Learned counsel for the petitioner also emphasized that the incident that has occurred on 07.11.2025 at about 5.30 p.m., in the present case whereas, the incident that is complained in the counter complaint said to have occurred around 07.45 p.m., on 07.11.2025. 11. Per contra, learned High Court Government Pleader for respondent No.1-State and the learned counsel for respondent No.2 opposed the bail grounds by contending that because of the ugly incident that took place the victim girl is not attending the school and there is a threat to her. 12. Taking note of these aspects of the matter, this Court is of the considered opinion that if the petitioner is directed to join the investigation and undergo custodial interrogation for a limited period, ends of justice would be met. Whereby, right of the petitioner and need of the prosecution would be harmoniously balanced. - 6 - HC-KAR NC: 2026:KHC-D:1563 CRL.P No. 100002 of 2026 13. Accordingly, the following: ORDER (i) The petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigation Officer on 16.02.2026 at 10 a.m. (iii) Investigation Officer is at liberty to take him to custody and conclude the custodial interrogation on the same day before 06.00 p.m. and thereafter, enlarged the petitioner on bail by taking a bond in a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the Investigation Officer. (iv) Petitioner shall co-operate for the investigation in all respects. (v) Petitioner shall not threaten the prosecution witnesses in any manner and shall - 7 - HC-KAR NC: 2026:KHC-D:1563 CRL.P No. 100002 of 2026 not interfere with the studies of the victim girl in any manner. (vi) Petitioner shall not visit the school or the house of the victim girl. (vii) Petitioner shall attend the Court regularly. (viii) Petitioner shall mark his attendance before the Investigation Officer between 10.00 a.m. to 2.00 p.m. on every third Sunday till filing of the final report. (ix) Petitioner shall not leave the jurisdiction of Koppal District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 1 SL NO.: 10