- 1 - HC-KAR NC: 2026:KHC:17760 CRL.A No. 97 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 97 OF 2026 BETWEEN: SRI. DHANANJAY KUMAR @ DHANANJAY GOWDA, S/O RAMANJINAPPA, AGED ABOUT 27 YEARS, R/AT VANTUR VILLAGE, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT. …APPELLANT (BY SRI. H.N.VENKATESHA., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY SHO/ POLICE SUB-INSPECTOR, DIBBURAHALLI POLICE STATION, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT - 562 105. REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17760 CRL.A No. 97 of 2026 HIGH COURT OF KARNATAKA, CUBBON PARK, BENGALURU - 560 001. 2. SRI.CHIKKARAMAPPA, S/O LATE. MUNIYAPPA, AGED ABOUT 48 YEARS, R/AT VANTURVILLAGE, SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT - 562 105 …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; R2 SERVED) THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015 PRAYING TO ENLARGE THE APPELLANT ON REGULAR BAIL IN SPL.SC.NO.129/2025 ARISING OUT OF CRIME NO.105/2025 OF DIBBURAHALLI POLICE STATION, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT FOR THE OFFENCE P/SU/ 64(2)(m), 351(2), 329(4) OF BNS 2023 AND SEC.5(J)(ii), 5(L), 6 OF POCSO ACT AND SEC.3(1)(w)(i), 3(2)(v) OF SC/ST (POA) ACT 2015. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17760 CRL.A No. 97 of 2026 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT 1. This appeal is by accused No.1 impugning the order dated 04.10.2025 passed in Special Case No.129/2025 on the file of the Additional District and Sessions Judge, FTSC-I (POCSO), Chikkaballapura (hereinafter referred to as 'the Trial Court') by which the application filed by the appellant under Section 483 of Bharatiya Nyaya Sanhita (BNS), 2023 seeking regular bail has been rejected. 2. The case of the prosecution is that; upon a complaint filed by the victim, a case in Crime No.105/2025 came to be registered before the Dibburanahalli Women Police Station for the offences punishable under Sections 64(2)(m), 329(4) and 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023; Sections 5(j)(II), 5(l) and 6 of Protection of Children from Sexual Offences Act, 2012; Sections 3(1)(w)(i) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015. - 4 - HC-KAR NC: 2026:KHC:17760 CRL.A No. 97 of 2026 3. Investigation has been completed. Charge sheet has been filed against accused No.1-appellant herein as well as accused No.2-Subramani. 4. In the complaint it is alleged that the victim girl who is pursuing her studies in I PUC in SMV College, Chikkaballapura, on 11.05.2025 had suffered epileptic attack. On Medical examination conducted on 13.05.2025, it was found that she was pregnant of seven months and fetus had died in the stomach, which was removed by medical procedure. 5. Victim in her statement recorded on 24.05.2025, it was alleged that the accused No.1-appellant herein had come to her house when no one was at her house and had forcibly had sexual intercourse despite her resistance on many occasions resulting in she becoming pregnant. Accused No.2-Subramani having learnt about accused No.1-appellant herein having sexual intercourse with victim had threatened her of revealing the same to her - 5 - HC-KAR NC: 2026:KHC:17760 CRL.A No. 97 of 2026 father and he also had forcible sexual intercourse with the victim. The victim in the process had become pregnant. 6. Learned High Court Government Pleader has filed FSL report dated 29.01.2026 which is obtained subsequently to filling of the present appeal. 7. Perusal of the FSL report would indicate that the DNA profile of the fetus is consistent which having come from the offspring of victim and the accused No.1-appellant herein. 8. The Trial Court on appreciation of evidence and material placed on record has found prima facie case against the accused-appellant herein, more particularly, on the basis of the medical records of the victim girl. The Trial Court has also found that as accused Nos.1 and 2 are from the same village, there is likelihood of influencing the prosecution witnesses and victim girl. - 6 - HC-KAR NC: 2026:KHC:17760 CRL.A No. 97 of 2026 9. In view of the aforesaid prima facie material, this Court do not find it appropriate at this juncture to grant the bail as sought for. 10. Reserving liberty to the accused No.1-appellant to seek grant of bail after examination of the victim girl and other vital witnesses, the appeal is dismissed. Sd/- (M.G.S. KAMAL) JUDGE GH List No.: 1 Sl No.: 22