- 1 - NC: 2025:KHC:15438 CRL.P No. 3941 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3941 OF 2025 BETWEEN: ARUN L.V S/O LATE VENKATESH AGED ABOUT 30 YEARS R/A AND LAKSHMIPURA VILLAGE MALAGALU POST, KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 117. …PETITIONER (BY SRI SHARATH J.M, ADV.) AND: 1. STATE OF KARNATAKA BY RAMANAGARA WOMEN POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R-1; R-2 SERVICE HELD SUFFICIENT V/O DTD:09.04.2025) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASED HIM ON BAIL, WHO IS ACCUSED INCRIME NO.96/2024 REGISTERED BY RESPONDENT RAMANAGARA WOMEN POLICE STATION, NOW PENDING ON HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTION 376 OF IPC, AND U/SECS.4 AND 6 OF THE POCSO ACT, 2012 AND U/SEC.9 OF THE PROHIBITION OF THE CHILD MARRIAGE ACT, 2006, IN RESPECT OF PETITIONER. Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15438 CRL.P No. 3941 of 2025 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 No.1 in Crime No.96/2024 registered by Ramanagara Women Police Station, Ramanagara District for the offences punishable under Sections 376 of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, Sections 9 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court seeking regular bail. 2. Heard the learned counsel for the petitioner and learned counsel appearing for respondent No.1. 3. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 4. FIR in Crime No.96/2024 was registered by Ramanagara Women Police Station, Ramanagara District against the petitioner herein initially for the offence punishable under Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, on the basis - 3 - NC: 2025:KHC:15438 CRL.P No. 3941 of 2025 of first information dated 29.07.2024 received from CDPO, Ramanagara. During the course of investigation, the petitioner was arrested on 04.01.2025 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against five persons and the petitioner herein is arraigned as accused No.1 in the charge sheet filed for the aforesaid offences. 5. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.196/2025 was dismissed on 14.03.2025. Therefore, he is before this Court. 6. Learned counsel for the petitioner having reiterated the grounds urged in the petition has prayed to allow the petition. 7. Per contra, learned Addl. SPP for respondent No.1 has opposed the petition. 8. Perusal of the material on record would go to show that, after the CDPO, Ramanagara came to know that victim girl who was a minor had married the - 4 - NC: 2025:KHC:15438 CRL.P No. 3941 of 2025 petitioner he had approached the police and submitted first information, based on which FIR in Crime No.6/2024 was initially registered against the petitioner for the offence punishable under Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016. During the course of investigation, he was arrested on 04.01.2025. 9. The victim girl, aged about 17 years 4 months who said to have studied upto I PUC has given her statement under Section 183 of BNS, 2023 before the jurisdictional Magistrate on 20.08.2024. In the said statement she has stated that the petitioner is her maternal aunt's son and they were in love with each other. After her parents came to know about the same, she was abused and assaulted in her house and she learnt that her marriage will be performed with some other boy. Therefore, on 31.03.2024 she had left her house and had gone to Maddur and married the petitioner in a temple at - 5 - NC: 2025:KHC:15438 CRL.P No. 3941 of 2025 Maddur. Thereafter, she had informed about her marriage to her parents. 10. The victim girl has not made any allegation in her statement against the petitioner about he committing any sexual assault on her. The petitioner, who has no other criminal antecedents is in custody from 04.01.2025. Investigation in the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 11. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.96/2024 registered by Ramanagara Women Police Station, Ramanagara District for the offences punishable under Sections 376 of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012, - 6 - NC: 2025:KHC:15438 CRL.P No. 3941 of 2025 Sections 9 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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; d) 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 NMS