ANIL S/O BASAPPA BHAJANTRI (IN FIR) vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:17578
CRL.P No. 102802 of 2026
CNR: KAHC020187252026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102802 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
ANIL S/O BASAPPA BHAJANTRI (IN FIR)
ANIL KUMAR
S/O BASAPPA BHAJANTRI (IN ADHAR CARD)
AGED ABOUT 26 YEARS,
OCCUPATION: COOLIE,
RESIDING AT: CHABBI VILLAGE,
SHIRAHATTI TALUK, GADAG DISTRICT.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad
…PETITIONER
(BY SRI. UMESH P. HAKKARAKI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH – 580 001,
BY ITS SHIRAHATTI POLICE STATION.
- 2 -
HC-KAR
NC: 2026:KHC-D:17578
CRL.P No. 102802 of 2026
CNR: KAHC020187252026
2. SHREEKANT
S/O MADEVAPPA BHAJANTRI,
AGED ABOUT 45 YEARS,
OCCUPATION: LABOUR,
RESIDING AT: BHAJANTRI ONI,
LAXMESHWAR, GADAG DISTRICT – 582 116.
…RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1;
SRI ALHUSSAIN SHALIBAN, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF BNSS (U/S 439 OF CR.P.C.), PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 27.08.2026 PASSED BY ADDL.
DISTRICT AND SESSION JUDGE, GADAG IN SHIRAHATTI P.S.
CRIME NO.184/2026 AND ENLARGE THE PETITIONER ON BAIL
ACCUSED/PETITIONER ON BAIL IN SHIRAHATTI P.S. CRIME
NO.184/2026 ON THE FILE OF ADDL. DISTRICT AND SESSIONS
JUDGE, GADAG BY ALLOWING THIS INSTANT PETITION IN THE
ENDS OF JUSTICE FOR PUNISHABLE U/S.9 OF PROHIBITION
OF CHILD MARRIAGE ACT, SECTION 64(2)(m) OF BNS, 2023
AND SECTION 4 AND 6 OF POSCO ACT 2012 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
- 3 -
HC-KAR
NC: 2026:KHC-D:17578
CRL.P No. 102802 of 2026
CNR: KAHC020187252026
ORAL ORDER
Heard learned counsel for the petitioner, learned HCGP for
respondent No.1 State and learned counsel for respondent
No.2.
This Criminal petition is filed by the petitioner/accused
under Section 483 of BNSS, 2023 seeking regular bail in
connection with Crime No.184/2026 of Shirahatti Police Station
registered for the offences punishable under Section 9 of the
Prohibition of Child Marriage Act, 2006, Section 64(2) (m) of
BNS, 2023 and Sections 4 and 6 of POSCO Act, 2012, pending
on the file of the learned Addl. District and Sessions Court,
Gadag.
2. The brief facts of the prosecution case in the nutshell is as
under:-
During the month of September 2025, the victim was
staying with her grant parents. In the month of March, the
petitioner committed aggravated and penetrative sexual assault
on the victim. Hence, she became pregnant. Thus, the defacto
complainant lodged the complaint. During the course of
- 4 -
HC-KAR
NC: 2026:KHC-D:17578
CRL.P No. 102802 of 2026
CNR: KAHC020187252026
investigation, the petitioner was arrested and in-turn, he was
remanded to judicial custody. Hence, this petition.
3. Learned counsel for the petitioner vehemently
contended that the petitioner is falsely implicated in the case
and he has not committed any offence as alleged by the
prosecution. At the time of the alleged offence, the victim was
about 17 years five months. Now, she has become major and
she has delivered a child. The victim is also present before the
Court and she has filed an affidavit and stated that he has no
objection to release the petitioner on bail as their marriage is
already solemnized. Further, the petitioner is none other than
the maternal uncle of the victim. Hence, learned counsel for
petitioner prayed to allow the petition.
4. Learned HCGP for respondent No.1 State and learned
counsel for respondent No.2 orally objected the petition.
5. Perused the material available on record. The records
reveal that the petitioner/accused developed intimacy with the
victim and he eloped with her and committed aggravated and
penetrative sexual assault on her. Hence, she became pregnant
- 5 -
HC-KAR
NC: 2026:KHC-D:17578
CRL.P No. 102802 of 2026
CNR: KAHC020187252026
and later she delivered a female child. Undisputedly, the
petitioner has no criminal antecedents. It appears that the
victim and the petitioner were in love, got married, lived
together for a considerable period of time and had consensual
sex. The victim girl was aged 17 years as on the date of the
incident and therefore, she had worldly knowledge about the
consequences of her act. Now, the victim herself filed an
affidavit and stated that she has no objection to release the
petitioner on bail. Hence, the allegations found in the charge
sheet against the petitioner is required to be proved in full
fledged trial. Under such circumstances, the petitioner is
entitled for grant of bail.
Hence, the Court proceeds to pass the following:
ORDER
allowed
Criminal petition is .
The trial Court is directed to release the
petitioner/accused in Crime No.184/2026 of Shirahatti Police
Station registered for the offences punishable under Section 9
of Prohibition of Child Marriage Act, 2006, Section 64(2) (m) of
- 6 -
HC-KAR
NC: 2026:KHC-D:17578
CRL.P No. 102802 of 2026
CNR: KAHC020187252026
BNS, 2023 and Sections 4 and 6 of POSCO Act, 2012, pending
on the file of the learned Addl. District and sessions Court,
Gadag, subject to the following conditions:
i) Petitioner shall execute a personal bond in a
.
sum of Rs 2,00,000/- (Rupees two lakh only)
with two sureties for the likesum to the
satisfaction of the trial Court;
ii) Petitioner shall not threaten or tamper with
the prosecution witnesses directly or
indirectly;
iii) Petitioner shall co-operate with the
Investigating Officer, until completion of the
investigation; and
iv) Petitioner shall not involve in similar offences
in future.
v) The petitioner shall mark his attendance
before the respondent-Police, viz.,
Investigating Officer/Station House Officer
once in every fortnight i.e., on first and
fifteenth of every month between
10.00 a.m. and 5.00 p.m. for a period of six
months or till filing of final report, whichever
is earlier.
- 7 -
HC-KAR
NC: 2026:KHC-D:17578
CRL.P No. 102802 of 2026
CNR: KAHC020187252026
Any violation of the conditions imposed above would
enable 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
MN /CT-SK
List No.: 1 Sl No.: 79