Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:21669 CRL.P No. 6149 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6149 OF 2025 BETWEEN:
1.
VEENA. L. V.
W/O PRAKASH C AGED ABOUT 28 YEARS R/AT MEDARADODDI VILLAGE, THAMMANAYAKANAHALLI DAKHE KRISHNAPURA DODDI POST RAMANAGARA DISTRICT - 562 117.
2.
PRAKASH C S/O CHIKKAHAIDAIAH AGED ABOUT YEARS R/AT MEDARADODDI VILLAGE, THAMMANAYAKANAHALLI DAKHE KRISHNAPURA DODDI POST RAMANAGARA DISTRICT - 562 117. …PETITIONERS (BY SRI. SHARATH J M.,ADVOCATE) 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. XXXX …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1;
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:21669 CRL.P No. 6149 of 2025
V/O DATED NOTICE TO R2 HELD SUFFICIENT)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGED THEM ON BAIL IN THE EVENT OF THEIR ARREST, WHO ARE ACCUSED NO.4 AND 5 IN CR.NO.96/2024 REGISTERED BY RESPONDENT RAMANAGARA WOMEN POLICE STATION, NOW PENDING ON HONBLE I ADDL. DIST. AND SESSIONS JUDGE, RAMANAGARA FOR THE OFFENCE P/US/ 376 OF IPC AND U/S 4 AND 6 OF THE POCSO ACT, 2012 AND U/S 9, 11 OF THE PROHIBITION OF THE CHILD MARRIAGE ACT, 2006 IN RESPECT OF PETITIONERS.
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 Nos.4 and 5 in Crime No.96/2024 registered by Ramanagara Women Police, Ramanagara District, for the offences punishable under Section 376 of IPC, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 3 -
HC-KAR NC: 2025:KHC:21669 CRL.P No. 6149 of 2025
3. F.I.R. in Crime No.96/2024 was registered by Ramanagara Women Police Station, Ramanagara District, initially for the offences punishable under Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 against Arun L B. Apprehending arrest in the present case, petitioners had filed Crl.Misc.No.273/2025 before the jurisdictional Sessions Court which was rejected on 28.03.2025. Therefore, they are before this Court. 4. Perusal of the material available on record would go to show that allegation against accused Nos. 4 and 5 who are the elder sister and brother-in-law of accused No.1 is that they along with accused Nos. 2 and 3 had performed the marriage of accused No.1 with the victim girl on 31.03.2024 in a temple at Toreshettyhalli village, Maddur Taluk, Mandya District. The statement of the victim girl aged about 17 years 4 months has been recorded in the present case by the jurisdictional Magistrate under Section 183 of BNSS, 2023 on 20.08.2024. Victim girl has stated that accused No.1 is her aunt's son and she was in love with him. Her parents had opposed the same and therefore on 31.03.2024 she had gone along with accused
- 4 -
HC-KAR NC: 2025:KHC:21669 CRL.P No. 6149 of 2025
No.1 and got married in a temple near Maddur District. Subsequently, she had informed her parents about her marriage with accused No.1. 5. Though the victim girl has made such a statement before the learned jurisdictional Magistrate under Section 183 of BNSS Act, 2023, allegation is now made against the accused Nos.4 and 5 that they along with accused Nos. 2 and 3 had performed marriage of accused No.1 with the victim girl. Undisputedly, petitioners who are arraigned as accused Nos. 4 and 5 have no other criminal antecedents. They have undertaken to appear before the Trial Court and cooperate for the purpose of speedy disposal of the case.
Therefore, I am of the opinion that their prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following. O R D E R The Criminal Petition is allowed. The Respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in Crime No.96/2024 registered by Ramanagara Women Police, Ramanagara District, for the offences punishable under Section
- 5 -
HC-KAR NC: 2025:KHC:21669 CRL.P No. 6149 of 2025
376 of IPC, under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and under Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: a. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute personal bond each for a sum of Rs.1,00,000/- each (one lakh only) with two sureties each for the likesum to the satisfaction of the Investigating Officer. b. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. d. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE
RU, List No.: 1 Sl No.: 57