SRIKANTH ALIAS SANTOSH KUMAR S/O LATE ERANNA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17311
CRL.P No. 102349 of 2026
CNR: KAHC020165202026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102349 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
SRIKANTH @ SANTOSH KUMAR
S/O. LATE ERANNA,
AGE: 28 YEARS, OCC: COOLIE,
R/O. BEHIND SUNKAMMA TEMPLE,
NEAR MARISWAMY MATH, BALLARI-583201.
…PETITIONER
(BY SRI B. ANWAR BASHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
(THROUGH COWL BAZAR P.S. BALLARI),
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
AT: DHARWAD-580001.
2. DADA KHALANDAR,
AGE: 46 YEARS, OCC: BUSINESS,
R/O. ANI APARTMENT, NEAR APOLLO PAHRMACY,
HONNALLI ROAD,
GUGGARAHATTI, BALLARI 583201.
…RESPONDENTS
(BY SRI JAIRAM SIDDI, HCGP FOR R1; NOTICE TO R2 SERVED)
THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/S.
483 OF BNSS, 2023), PRAYING TO ALLOW THIS PETITION AND
ENLARGE THE PETITIONER ON BAIL IN SPL. CASE NO.937/2026 IN
CONNECTION WITH CRIME NO.100/2026 REGISTERED BY COWL
BAZAR PS BALLARI FOR THE OFFENCES PUNISHABLE U/S.115(2),
126(2), 137(2), 308(4), 3(5), 351(3), 62 OF BNS AND SECTION 3
AND 4(2) OF POCSO ACT, PENDING TRAIL OF THE SAID CASE
BEFORE ADDL. DIST AND SESSIONS JUDGE F.T.S.C.I BALLARI, IN
THE INTEREST OF JUSTICE.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:17311
CRL.P No. 102349 of 2026
CNR: KAHC020165202026
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri B.Anwar Basha, learned counsel for the
petitioner and Sri Jairam Siddi, learned High Court Government
Pleader for respondent No.1 – State.
2. This petition is filed by petitioner/accused No.1
under Section 439 of the Code of Criminal Procedure, 1973
(“Crl.P.C.” for short) (Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (“BNSS” for short) seeking to grant
bail in Special Case No.936/2026 pending on the file of learned
Additional District and Sessions Judge, FTSC-1, Ballari, in
connection with Crime No.100/2026 of Cowl Bazar Police
Station, Ballari, registered for the offences punishable under
Sections 115(2), 126(2), 137(2), 308(4), 3(5), 351(3), 62 of
the Bharatiya Nyaya Sanhita, 2023 (“BNS” for short) and under
Sections 3 and 4(2) of the Protection of Children from Sexual
Offences Act, 2012 (“POCSO Act” for short).
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HC-KAR
NC: 2026:KHC-D:17311
CRL.P No. 102349 of 2026
CNR: KAHC020165202026
3. Brief facts of the case of the prosecution are as
under:
On 26.04.2026, the petitioner and 3 others allegedly took
the victim on their motorcycle to ABR Layout and committed
unnatural offence by inserting the private part of PW1 into the
mouth of the victim. Thus, the defacto complainant lodged the
complaint. Hence, case was registered and during the course
of investigation, the petitioner was arrested and in turn, he was
remanded to judicial custody. Hence, this petition.
4. Learned counsel for the petitioner vehemently
contended that the petitioner has been falsely implicated in the
case. There was a quarrel between the defacto complainant and
the accused persons in respect of motorcycle accident, wherein
accused No.1 to 4 demanded amount from the defacto
complainant. Hence, the defacto complainant lodged the false
complaint against the petitioners. The petitioner is innocent of
the alleged offences and he is ready to abide by the conditions
to be imposed by this Court. Thus, learned counsel prayed to
allow the petition.
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NC: 2026:KHC-D:17311
CRL.P No. 102349 of 2026
CNR: KAHC020165202026
5. Per contra, learned HCGP vehemently contended
that there is a prima facie case against the petitioner and the
petitioner is involved in the offence. If accused No.1 is released
on bail, he may hamper the trial. Hence, learned HCGP prayed
for dismissal of the petition.
6. On perusal of the material available on record, it
reveals that the victim was minor at the time of commission of
offence. As per the statement recorded under Section 183 of
BNSS, 2023, it appears that accused No.1 had committed
unnatural offence i.e. penetrative sexual assault by inserting
his private organ into the mouth of the victim knowing that
victim was minor.
7. The medical report i.e. final opinion based on RFSL
Report, the experts have given opinion that there are no
evidences suggestive of sexual intercourse involving the mouth
and the genital organ of the victim child. However, the
possibility of sexual assault cannot be ruled out. At the time of
examination, there was tenderness over the right back of the
chest. There were no visible injuries seen over the body surface
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NC: 2026:KHC-D:17311
CRL.P No. 102349 of 2026
CNR: KAHC020165202026
and genitalia and there were no stains seen over the body
surface and genitalia.
8. Admittedly, the investigation is completed and the
Investigating Officer has filed the charge sheet. Considering the
fact that the investigation is completed, the Investigating
Officer has filed charge sheet, the absence of conclusive
medical evidence supporting the alleged sexual act, considering
the nature and gravity of the offence, position and status of the
petitioner with reference to the victim and witness and the fact
that prior to the alleged incident, there was scuffle between the
accused persons and the defacto complainant in respect of
motorcycle accident prior to the alleged incident. Hence, this is
a fit case to grant bail in favour of the petitioner.
9. It is well established principles of law that while
granting bail, Court has to consider the nature of the offence,
circumstances in which the offence is committed, position and
status of the petitioner with reference to the victim and
witnesses, likelihood of fleeing away from justice, of repeating
same offences by the petitioner, the possibility of tampering
with the witnesses, character and antecedents of the petitioner.
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NC: 2026:KHC-D:17311
CRL.P No. 102349 of 2026
CNR: KAHC020165202026
Further, the law is well settled that while disposing of the bail
petition, the Court need not scan the prosecution papers and
hold mini trial.
10. Keeping all these factors in mind, when the Court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
grounds to believe, at this stage, that the petitioner is guilty of
the offences alleged against them/him. Therefore, the
petitioner is entitled for bail.
11. Accordingly, the Court proceeds to pass the
following:
ORDER
allowed
The Criminal Petition is .
The petitioner is ordered to be enlarged on bail in Special
Case No.936/2026 pending on the file of learned Additional
District and Sessions Judge, FTSC-1, Ballari, in connection with
Crime No.100/2026 of Cowl Bazar Police Station, Ballari,
registered for the offences punishable under Sections 115(2),
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NC: 2026:KHC-D:17311
CRL.P No. 102349 of 2026
CNR: KAHC020165202026
126(2), 137(2), 308(4), 3(5), 351(3), 62 of the Bharatiya
Nyaya Sanhita, 2023 and under Sections 3 and 4(2) of the
Protection of Children from Sexual Offences Act, 2012, subject
to following conditions;
i) The petitioner shall not tamper or threaten the
complainant/prosecution witnesses in any
manner.
ii) The petitioner shall appear before the Trial
Court regularly without fail.
iii) The petitioner shall not involve himself in
similar or any other offences.
Violation of any of the above conditions would entitle the
prosecution to seek for cancellation of bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK /CT-AN
List No.: 1 Sl No.: 22