- 1 - NC: 2025:KHC:16157 CRL.P No. 3364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3364 OF 2025 BETWEEN: SHANKAR S/O KRISHNAIAH AGED 26 YEARS R/AT IRULIGARADODDI VILLAGE YEREHALLI, KOOTAGAL HOBLI RAMANAGARA TALUK KENCHA HUNASEPALYA RAMANAGARA DT - 562 159. …PETITIONER (BY SRI. MANJUNATH B.R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMANAGARA WOMEN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001 2. XXX 3. SMT. AMBIKA W/O VEERABHDRAPPA AGED 48 YEARS EMPLOYEE OF CDPO OFFICE INFRONT OF ZILLA PANCHAYATH BHAVANA, B.M ROAD RAMANAGAR - 562 159. …RESPONDENTS (BY SMT. PUSHPALATHA .B., ADDL.S.P.P FOR R1 R2 - SERVED) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:16157 CRL.P No. 3364 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.105/2024 OF RAMANAGARA WOMEN POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(N), 376(3) OF IPC UNDER SECTION 4(2), 6 OF POCSO ACT AND U/S 9 OF CHILD MARRIAGE PROHIBITION ACT, PENDING ON THE FILE OF HONBLE I ADL. DISTRICT AND SESSIONS JUDGE AT RAMANGARA. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.105 of 2024 registered by Ramanagar Women Police Station, for the offences punishable under Sections 376(2)(n) and 376(3) of IPC, Sections 4(2) and 6 of POCSO Act and under Section 9 of Child Marriage Prohibition Act, is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'the BNSS') seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.105 of 2024 was registered by Ramanagar Women Police Station, for the aforesaid offences against the petitioner herein based on the first information - 3 - NC: 2025:KHC:16157 CRL.P No. 3364 of 2025 dated 21.08.2024 received from respondent No.3, who is the Child Development Project Officer working at Ramanagara. During the course of investigation, the petitioner herein was arrested on 16.01.2025 and subsequently remanded to judicial custody. The investigation of the case is completed and the charge sheet has been filed against four persons. The petitioner is arrayed as accused No.1 in the charge sheet. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.91 of 2025 came to be dismissed on 17.02.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that FIR in the present case was registered based on the first information received from respondent No.3 who is the jurisdictional Child Development Project Officer. In the first information, it is mentioned that the first informant received information from public that the petitioner herein had married the victim girl who was aged about 16 yeas and from the said marriage, the couple have a boy child aged about 1½ years. During the course of investigation, the petitioner herein was arrested on 16.01.2025. The statement of the victim girl was recorded under Section 164 of Cr.P.C. by the jurisdictional - 4 - NC: 2025:KHC:16157 CRL.P No. 3364 of 2025 Magistrate wherein she has admitted that her marriage with the petitioner was performed by the elders of her family. 5. The victim girl is present before the Court in-person. She submits that she is having a boy child and there is nobody to take care of her and her child, since the petitioner is in judicial custody. She submits that the petitioner is her husband and he may be released on bail. Considering the aforesaid aspect of the matter, I am of the opinion that since the investigation of the case is completed and the petitioner has no other criminal antecedents, his prayer for grant of bail has to be answered in the affirmative. Accordingly, the following order:- 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.105 of 2024 of Ramanagara Women Police Station, registered for the offences punishable under Sections 376(2)(n) and 376(3) of IPC, Sections 4(2) and 6 of POCSO Act and under Section 9 of Child Marriage Prohibition Act, 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; - 5 - NC: 2025:KHC:16157 CRL.P No. 3364 of 2025 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; 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 *bgn/- CT:VS List No.: 1 Sl No.: 69