- 1 - NC: 2025:KHC-K:2613 CRL.P No. 200819 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200819 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: HANUMANTHA S/O SHARANAPPA, AGE: 19 YEARS, OCC: COOLIE, R/O: UPPAR NANDIHAL, TALUK LINGASUGUR, DIST. RAICHUR-584 125. …PETITIONER (BY SRI. MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ADDL. SPP KALABURAGI BENCH, (THROUGH MUDGAL P.S., DIST. RAICHUR-583102). 2. SMT. DEVAMMA W/O LATE AYYALAPPA SALIGERA, AGE: 55 YEARS, OCC: COOLIE, R/O: TERABHAVI VILLAGE, TALUK MASKI, DIST. RAICHUR-584123, (MOTHER OF THE VICTIM). …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1; SRI. SHRAVAN KUMAR, ADV. FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2613 CRL.P No. 200819 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (OLD) UNDER SECTION 482 OF BNSS (NEW) PRAYING TO GRANT THE ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE MUDGAL P.S. TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN (CRIME NO.127/2024 OF MUDGAL P.S.) RAICHUR FOR THE OFFENCES PUNISHABLE UNDER SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 AND UNDER SECTIONS 5 AND 6 OF POCSO ACT-2012 AND UNCER SECTION 64 OF BNS-2023, PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, RAICHUR SITTING AT SINDHANUR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The petitioner – accused in Crime No.127/2024 registered by the Mudgal Police Station, Dist: Raichur, for the offences punishable under Section 9 of Prohibition of Child Marriage Act, 2006, under Sections 5 and 6 of POCSO Act, 2012 and under Section 64 of BNS-2023, is before this Court under Section 482 of BNS-2023, seeking anticipatory bail. - 3 - NC: 2025:KHC-K:2613 CRL.P No. 200819 of 2025 02. Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent No.1 – State and the learned counsel for the respondent No.2, who is the mother of the victim girl aged about 17 years. 03. The FIR in Crime No.127/2024 was registered by the Mudgal Police Station, Dist: Raichur, for the above said offences against the petitioner based on the first information dated 23.09.2024 received from the victim girl who is the wife of the petitioner herein. Apprehending arrest in the case, the petitioner had filed a Crl.Misc.5088/2025 before the jurisdictional Sessions Court, which was rejected on 05.04.2025. Therefore, the petitioner is before this Court. 04. The learned counsel for the petitioner submits that the petitioner and the victim girl are closely related and they were in love and they have married each other. He further submits that the petitioner’s wife had given - 4 - NC: 2025:KHC-K:2613 CRL.P No. 200819 of 2025 birth to a child and the said child has subsequently died. The petitioner who is the husband of the victim girl needs to be with her at this point of time. The victim girl has not made any allegations against the petitioner. 05. Per contra, the learned High Court Government Pleader has opposed the petition on the ground that the victim girl is a minor. 06. The learned counsel appearing for the respondent No.2 who is the mother of the victim girl submits that the marriage of the petitioner and the victim girl was performed by their relatives and parents and only when the victim girl who was pregnant had gone to the hospital for her medical examination, based on her statement, the FIR has been registered against the petitioner. He submits that there is a mistake in mentioning the date of birth of the victim girl, which has resulted in registering the FIR. Accordingly submits he has no objection to allow the petition. - 5 - NC: 2025:KHC-K:2613 CRL.P No. 200819 of 2025 07. Perusal of the material on record would go to show that the petitioner is the son of victim’s maternal aunt. It appears that they were in love with each other and subsequently their marriage was performed in a Temple and thereafter, they were living together as husband and wife. Subsequently, the victim girl who was pregnant had gone to the hospital for her medical examination and on 05.08.2024 she had given delivery to a child and the said child subsequently died. When the victim girl was in the hospital, based on the date of birth which was given by her at the time of her admission, it appears that her statement was recorded and subsequently a FIR was registered against the petitioner herein for the aforesaid offences. Undisputedly, the petitioner has no other criminal antecedents. The mother of the victim girl has stated that the marriage of the petitioner with the victim girl was performed by the parents of both the parties and there is a mistake in mentioning the date of birth of the victim girl, which has resulted in registering the criminal case against the - 6 - NC: 2025:KHC-K:2613 CRL.P No. 200819 of 2025 petitioner. She has also stated that she has no objection for granting anticipatory bail to the petitioner. The wife of the petitioner had given birth to a child, which has subsequently died. Therefore, the petitioner is required to take care of his wife. 08. Considering the aforesaid aspects of the matter and moreso the age of the petitioner and his relationship with the victim girl who according to the respondent No.2 is a major, I am of the opinion that petitioner’s prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, this Court proceeds to pass the following; O R D E R The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.127/2024, registered by the Mudgal Police Station, Dist: Raichur, for the offences punishable under Section 9 of Prohibition of Child - 7 - NC: 2025:KHC-K:2613 CRL.P No. 200819 of 2025 Marriage Act, 2006, under Sections 5 and 6 of POCSO Act, 2012 and under Section 64 of BNS-023, pending on the file of the III Additional District and Sessions Jude, Raichur, sitting at Sindhanur, subject to the following conditions: i) The petitioner shall appear before the Investigating Officer within a period of 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. ii) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii) The petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. Sd/- (S.VISHWAJITH SHETTY) JUDGE KJJ List No.: 1 Sl No.: 16 CT: AK