- 1 - HC-KAR NC: 2026:KHC:8767 CRL.P No. 16745 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16745 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. KIRAN @ MANOJ KIRAN S/O SRI JAGANNATH AGED ABOUT 33 YEARS R/AT No.14, 3RD CROSS NEAR CHAITHANYA SCHOOL IN FRONT OF GANGAMMA TEMPLE POOJAPPA LAYOUT, CHELIKERE KALYAN NAGAR POST BENGALURU-560 043 …PETITIONER (BY SRI PATTABI RAMAN C, ADVOCATE) AND: STATE OF KARNATAKA BY HENNUR POLICE STATION REP. BY SPP. HIGH COURT BUILDING BENGALURU- 560 001 …RESPONDENT (BY SRI. MOHD. AYUB ALI, ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 439 OF Cr.P.C. (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ALLOW THE PETITION BY ENLARGING THE PETITIONER/ACCUSED NO.2 ON BAIL IN CR.No.191/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 137(2), 308(2), 351(2), 70(1) R/W SECTION 3(5) OF BNS 2023 REGISTERED BY THE HENNUR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8767 CRL.P No. 16745 of 2025 POLICE, BENGALURU PENDING BEFORE THE LEARNED XI ADDL CMM 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 1. This petition is filed by accused No. 2 under Section 483 of BNSS praying to grant bail in Crime No. 191/2025 of Hennur Police Station registered for offence under Sections 115(2), 137(2), 308(2), 351(2), 70(1) read with Section 3(5) of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent – State. 3. Learned counsel for petitioner would contend that petitioner and accused No.1 were in contact with the victim girl and used to talk with her. Victim girl herself voluntarily came with the petitioners in their car. Victim girl is in the habit of consuming alcohol. She consumed alcohol. Alleged act of sexual intercourse is consensual. Victim girl is aged 19 years. The Doctor who examined the - 3 - HC-KAR NC: 2026:KHC:8767 CRL.P No. 16745 of 2025 victim girl has noted no external injuries over the body of the victim girl. Complaint has been filed by the mother. Allegation of extortion of money in the guise of uploading the video is by accused No. 1. Now chargesheet has been filed and petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra learned Additional SPP would contend that statement of victim girl has been recorded under Section 183 of BNSS. In the said statement, the victim girl has specifically stated the act of accused Nos. 1 and 2 committing forcible sexual intercourse on her, one after the other, in the house of petitioner – accused No. 2. Chargesheet material show prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, there is threat to the victim girl and other prosecution witnesses. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:8767 CRL.P No. 16745 of 2025 5. Having heard learned counsel for the parties the Court has perused the chargesheet and other materials placed on record. 6. As per chargesheet, accused Nos. 1 and 2 were having contact with the victim girl. On 02.04.2025 accused Nos. 1 and 2 took the victim girl to the house of this petitioner – accused No. 2 and made her to consume alcohol forcibly. Thereafter accused Nos. 1 and 2 have forcibly committed sexual intercourse, one after the other, on the victim girl. Accused No. 1 has recorded the video of accused No. 2 sexually assaulting the victim girl. Accused No. 1, by threatening the victim girl that he will upload the video in social media, had extracted money from her. 7. Statement of the victim girl has been recorded under Section 183 of BNSS. The victim girl has specifically stated the acts of this petitioner and accused No. 1 taking her to the house of accused No. 2 in the car, making her to forcibly consume alcohol, committing forcible sexual intercourse on her one after the other and accused No. 1 - 5 - HC-KAR NC: 2026:KHC:8767 CRL.P No. 16745 of 2025 recording the act of accused No. 2 committing sexual assault in mobile. The Doctor who examined the victim girl has stated that sexual assault cannot be ruled out. Chargesheet material show prima facie case against the petitioner for offence alleged against him. The offence alleged against the petitioner and other accused is a heinous offence i.e. gang rape. Considering the above aspects, if the petitioner is granted bail there is threat to the victim girl and other prosecution witnesses. 8. Considering the above aspects, petitioner has not made out any grounds for grant of bail. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 11