- 1 - NC: 2025:KHC-K:2422 CRL.P No. 200630 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200630 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALLAPPA S/O BHAGAPPA NAIKODI, AGE: 27 YEARS, OCC: AGRICULTURE, R/O SAGAR (B) VILLAGE, TQ: SHAHAPUR, DIST: YADGIRI-585223. …PETITIONER (BY SRI RAJESH G. DODDAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH SHAHAPUR POLICE STATION, SHAHAPUR, NOW REPRESENTED BY ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH -585103. 2. TRIVENI W/O SHANKREPPA SAJJAN, AGE: 52 YEARS, OCC: WOMEN SUPERVISOR, SAGAR ZONE, R/O KUDALAGI VILLAGE, TQ: SHORAPUR, NOW R/AT BASAVESHWAR NAGAR, SHAHAPUR-585223. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1 AND R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2422 CRL.P No. 200630 of 2025 THIS CRL.P. IS FILED U/S 483 OF BNSS, 2023 PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER/A-1 AS PER FIR ON BAIL IN CONNECTION WITH CRIME NO.35/2025 OF SHAHAPUR POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 376(3), 376(2) (N) OF INDIAN PENAL CODE AND U/S 4 AND 6 OF POCSO ACT, 2012 AND U/S 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE PROHIBITION ACT, 2006 NOW PENDING ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, YADGIRI IN CRIME NO.35/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by accused No.1 seeking regular bail in Crime No.35/2025 of Shahapur Police Station for the offences punishable under Sections 376(3), 376(2)(n) of IPC, Sections 4 and 6 of the POCSO Act and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006. 2. Factual matrix of the case are as under: - 3 - NC: 2025:KHC-K:2422 CRL.P No. 200630 of 2025 A complaint came to be registered by the complainant, who was working as a Women Supervisor stating that she had received an information from the Child Development Project Officer that she has to take instructions from the victim and lodge a complaint. 3. As per the averments of the complaint, the complainant had visited the Primary Health Center, Sagar(B) and met the victim. She was told that she married the petitioner one year ago. It was an arranged marriage and the same had been performed by the elders and well-wishers. Further, it is stated that the petitioner and others knowingly that the victim was a minor, performed the marriage and the petitioner had committed sexual assault. Consequently, she became pregnant. As such, it is stated in the complaint that the petitioner and others have committed offences as stated supra. Based on the complaint by the complainant, the FIR came to be - 4 - NC: 2025:KHC-K:2422 CRL.P No. 200630 of 2025 registered in Crime No.35/2025 for the offences stated supra. 4. Heard Sri Rajesh G. Doddamani, learned counsel for the petitioner and learned High Court Government Pleader for the respondents. 5. It is the submission of the learned counsel for the petitioner that the petitioner is the husband of the victim. Their marriage was solemnized by the elders and well-wishers. The date of birth of the victim was not known to the petitioner. In the absence of birth certificate and also the relevant documents to show that she was a minor, it cannot be said that she was a minor as on the date of her marriage. 6. It is further submitted that the date of birth mentioned in the Aadhar Card cannot be construed as actual date of birth. Therefore, the conclusion arrived at by the complainant that the victim was a minor as on the date of marriage cannot be sustained and the petitioner - 5 - NC: 2025:KHC-K:2422 CRL.P No. 200630 of 2025 may be enlarged on bail by imposing suitable conditions, as he has to take care of the victim and his child. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader opposed the said submissions and he further submitted that the petitioner knowingly that the victim was a minor as on the date of marriage, married her and committed sexual intercourse. Consequently, she became pregnant and it was found that she had gone to the Primary Health Centre to get a mother card for the purpose of having the benefit of motherhood. Hence, he prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and also perused the averment of the complaint, I am of the considered opinion that, there is a substance in the submission made by the learned counsel for the petitioner that no documents have been produced to show that the victim had not completed 18 years as on the date of her marriage. Merely, because the date of birth - 6 - NC: 2025:KHC-K:2422 CRL.P No. 200630 of 2025 mentioned in the Aadhar Card indicates that the victim was a minor, that cannot be relevant document to conclude that the victim was a minor. 9. Having considered the facts and circumstances of the case, I am of the considered opinion that the petitioner has made out a case to grant him bail. 10. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is enlarged on bail in Crime No.35/2025, registered by the Shahapur Police Station for the offences punishable under Sections 376(3), 376(2)(n) of IPC, Sections 4 and 6 of the POCSO Act and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, pending on the file of the District and Sessions Judge, Yadgir, by executing personal bond for a sum of Rs.1,00,000/- with one - 7 - NC: 2025:KHC-K:2422 CRL.P No. 200630 of 2025 surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or tamper the prosecution witnesses. b. The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 17 CT:PK