- 1 - NC: 2025:KHC-K:2719 CRL.P No. 200870 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200870 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALLIKARJUN S/O MADIVALAPPA, AGE: 22 YEARS, OCC: DRIVER, R/O BANGLORE, NOW AT BEERANAL VILLAGE, TQ. WADAGERA, DIST. YADGIRI. …PETITIONER (BY SRI. GANESH NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH YADGIRI WOMEN POLICE STATION, DIST. YADGIRI, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 103. 2. SMT. KAMALAMMA W/O CHICHANNA, AGE: 48 YEARS, OCC: LABOUR, R/O HIREKORALAHALLI MARATI CAMP VILLAGE, SHIKARIPURA, TQ. AND DIST. SHIVAMOGGA-577 201. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. SHIVASHARANA REDDY, ADV. FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2719 CRL.P No. 200870 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (OLD) UNDER SECTION 483 OF BNSS, PRAYING TO ALLOW THE PETITION THEREBY ENLARGE THE PETITIONER ON BAIL IN CRIME NO.46/2025 PENDING ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE AT YADGIRI (OLD CRIME NO.60/2024) REGISTERED BY THE WOMEN POLICE STATION YADGIRI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363, 366 AND 376(2)(N) READ WITH SECTION 34 OF IPC AND SECTIONS 6 AND 17 OF POCSO ACT, 2012 AND SECTIONS 9 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This petition is filed under Section 483 of BNSS-2023 for grant of regular bail in Crime No.46/2025 (Old Crime No.60/2024) registered by Shikaripura Rural Police Station, Dist: Shivamogga, for the offences punishable under Sections 363, 366 and 376(2)(n) read with Section 34 of IPC and Sections 6 and 17 of POCSO Act, 2012 and Sections 9 and 11 of Prohibition of Child Marriage Act, 2006. - 3 - NC: 2025:KHC-K:2719 CRL.P No. 200870 of 2025 02. The factual matrix of the case is that petitioner was working at Banjara Layout as Car driver, came in contact with the daughter of the complainant and they both fell in love. On 26.02.2024 the complainant had send the victim to the festival to their village at Hirekelluru of Shikaripur Taluka. Thereafter, she did not return to home. As such, a complaint has been lodged by the complainant which was registered in Crime No.60/2024 for the offence punishable under Section 363 of IPC. Later, the victim traced. Based on her statement, the other offences as stated supra were invoked by the respondent – Police. The accused was arrested on 24.03.2025. Ever since, the accused was in judicial custody. Aggrieved by the same, the petitioner has preferred bail petition under Section 483 of BNSS-2023 for grant of regular bail before the learned District and Sessions Judge, at Yadgiri, the same was dismissed by the learned Sessions Judge vide order dated 03.05.2025. Hence, this petition. - 4 - NC: 2025:KHC-K:2719 CRL.P No. 200870 of 2025 03. 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. 04. As could be gathered from the records that at the time of incident the victim was around 18 years and the petitioner and the victim got married and presently, the victim begotten a child. It is fairly submitted by the learned counsel respondent No.2 – victim that on mistake notion a complaint has been lodged by the victim. 05. In such circumstances, without expressing any opinion on the merits of the case, it suffices to hold that the petitioner could be enlarged on bail. Accordingly, the following; O R D E R The petition filed under Section 483 of BNSS-2023, is allowed. - 5 - NC: 2025:KHC-K:2719 CRL.P No. 200870 of 2025 Consequently, the petitioner/accused shall be released on bail in connection with Crime No.46/2025 (Old Crime No.60/2024) registered by Shikaripura Rural Police Station, Dist: Shivamogga, for the offences punishable under Sections 363, 366 and 376(2)(n) read with Section 34 of IPC and Sections 6 and 17 of POCSO Act, 2012 and Sections 9 and 11 of Prohibition of Child Marriage Act, 2006, on the following conditions: i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the jurisdictional Court. ii) The petitioner shall mark his attendance once in a week on every Sunday between 10:00 a.m., and 05:00 p.m., before the Investigating Officer or before the jurisdictional Court. - 6 - NC: 2025:KHC-K:2719 CRL.P No. 200870 of 2025 iii) The petitioner shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner. iv) The petitioner shall attend the jurisdiction court regularly on all dates of hearing and shall cooperate with the investigation authority. v) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission. Sd/- (RAJESH RAI K) JUDGE KJJ List No.: 1 Sl No.: 8 CT: AK