- 1 - NC: 2025:KHC:10490 CRL.P No. 1652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1652 OF 2025 BETWEEN: MANJUNATH, S/O MUNEGOWDA, AGED ABOUT 36 YEARS, R/AT BALUVANAHALLI VILLAGE, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 105. …PETITIONER (BY SRI. K.N. PHAINDRA, SR. ADVOCATE FOR SMT. NETHRAVATHI V, ADVOCATE) AND: 1. STATE BY SIDLAGHATTA RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP; NOTICE TO R2 IS HELD SUFFICIENT V/O DATED 12.03.2025) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10490 CRL.P No. 1652 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER /ACCUSED ON REGULAR BAIL IN CR.NO.14/2025 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE U/S 137(2), 96 OF BNS, 2023, THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT 2016 U/S 9, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC COURT, SIDLAGHATTA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.14/2025 registered by Sidlaghatta Rural Police Station, Chikkaballapur for the offences punishable under Sections 137(2), 96 of BNS 2023, Section 9 of Prohibition of Child Marriage Act, 2016, and Sections 8 and 12 of the POCSO Act, 2012 is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned Counsel for the parties. - 3 - NC: 2025:KHC:10490 CRL.P No. 1652 of 2025 3. FIR in Crime No. 14/2025 was registered by Sidlaghatta Rural Police Station, Chikkaballapur initially for the offences punishable under Sections 137(2), 96 of BNS 2023 and Section 9 of the Prohibition of Child Marriage Act, 2016 against the petitioner herein based on the first information dated 19.01.2025 received from respondent No.2 herein who is the mother of the minor victim girl. 4. During the course of investigation of the case, petitioner herein was arrested on 19.01.2025. It appears that thereafter at request of the investing officer the Jurisdictional Court had permitted to invoke offences punishable under Sections 8 and 12 of the POCSO Act, against the petitioner. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.30/2025 was rejected on 28.01.2025, therefore, petitioner is before this Court. 5. Learned Senior counsel for the petitioner submits that the petitioner is a person without criminal antecedents and he is in custody from 19.01.2025. Major - 4 - NC: 2025:KHC:10490 CRL.P No. 1652 of 2025 portion of the investigation is completed, maximum punishment for the alleged offences is imprisonment for a period of 10 years. Accordingly prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition and submits that investigation of the case is under progress and prays to dismiss the petition. 7. Perusal of the first information submitted by the mother of the victim girl on 19.01.2025, reveals that the petitioner is the elder brother of Subramani, who is her son-in-law, she has stated that the petitioner use to frequently visit their house. The first informant's minor daughter was found missing from her house on 16.01.2025 and efforts were made to trace her had failed. Subsequently they got information that the petitioner had taken the victim girl along with him and had married the victim girl. It is in this background, first informant had approached the Police on 19.01.2025 and submitted her - 5 - NC: 2025:KHC:10490 CRL.P No. 1652 of 2025 first information based on FIR in Crime.No.14/2025 was registered against the petitioner. 8. During the course of the investigation, the statement of the victim girl has been recorded by the Police on 20.01.2025. In the said statement victim girl has not made any allegation against the petitioner about he committing penetrative sexual assault on her. She has only stated that the petitioner had taken her along with him and thereafter married her on 17.01.2025 in a temple and subsequently he approached her and tried to sleep with her but she had refused and the petitioner had thereafter not committed any act on her. The maximum punishment for the alleged offences is imprisonment for a period of 10 years. The petitioner is in custody from 19.01.2025. Major portion of the investigation is already completed. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following: - 6 - NC: 2025:KHC:10490 CRL.P No. 1652 of 2025 ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.14/2025 of Sidlaghatta Rural Police Station registered for the offences punishable under Sections 137(2), 96 of BNS 2023, Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 8 and 12 of POCSO Act, 2012, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - NC: 2025:KHC:10490 CRL.P No. 1652 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AT List No.: 1 Sl No.: 44 CT: BHK