- 1 - NC: 2025:KHC:13285 CRL.P No. 3370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3370 OF 2025 BETWEEN: SUHEL KHAN S/O LATE RIYAZ KHAN AGED 24 YEARS R/AT 24TH WARD, 2ND BLOCK NEAR GOVERNMENT SCHOOL YARABNAGAR, GEJJALAGUDDE RAMANAGARA - 562 119. …PETITIONER (BY SRI MANJUNATH B.R, ADV.) 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. SHIVAMMA W/O UDAYA KUMAR AGED 40 YEARS CDPO OFFICE EMPLOYEE OPP. TO ZILLA PANCHAYATH OFFICE, B.M.ROAD RAMANAGARA - 562 119. …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; SRI RANGANATHA M.R, ADV., FOR R-2) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13285 CRL.P No. 3370 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.164/2024 FOR THE OFFENCE P/U/S. 376(2)(n) IPC AND U/S 4 AND 6 OF POCSO ACT AND U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 OF RAMANAGARA WOMEN POLICE STATION, I ADDL. DISTRICT AND SESSION JUDGE, RAMANAGARA. THIS 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 in Crime No.164/2024 registered by Ramanagara Women Police Station, Ramanagara, for the offences punishable under Sections 376(2)(n) of IPC, Sections 4 and 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.164/2024 was registered by Ramanagara Women Police Station, Ramanagara, for the aforesaid offences against petitioner herein based on the first information dated 13.12.2024 received from Shivamma, Child Development Officer, Ramanagara. During the course of investigation, petitioner was arrested on 24.01.2025 and subsequently, - 3 - NC: 2025:KHC:13285 CRL.P No. 3370 of 2025 remanded to judicial custody. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.96/2025 was rejected on 18.02.2025. Therefore, he is before this Court. 4. A perusal of the material on record would go to show that the petitioner and the victim girl were in love for the last several years. It appears that petitioner who got married to another girl, subsequently had left the said girl and thereafter, the victim girl had accompanied him and they got married before a Moulvi. It appears that subsequently, they started residing together as husband and wife and the victim girl got pregnant. First informant based on credible information had enquired the victim girl and after coming to know that she was pregnant, has submitted first information which has resulted in registering a criminal case against the petitioner. The statement of the victim girl under Sections 180 and 183 of BNSS, 2023, has been recorded in the present case and victim girl has not made any serious allegations against the petitioner. She has stated that she was in love with him for the last several years and she has left her house and gone with him and they got married and thereafter, lived together as husband and wife. Petitioner, who has no other criminal antecedents is in - 4 - NC: 2025:KHC:13285 CRL.P No. 3370 of 2025 custody from 24.01.2025. Considering the nature of allegations found against the petitioner and also the statements made by the victim girl before the police as well as before the jurisdictional Magistrate under Section 183 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.164/2024 registered by Ramanagara Women Police Station, Ramanagara, for the offences punishable under Sections 376(2)(n) of IPC, Sections 4 and 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) Petitioner shall execute a 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; - 5 - NC: 2025:KHC:13285 CRL.P No. 3370 of 2025 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 DN