- 1 - HC-KAR NC: 2025:KHC:25017 CRL.P No. 8680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8680 OF 2025 BETWEEN: NAGARAJ S/O RAMANNA AGED ABOUT 24 YEARS AGRICULTURIST, R/O MALLARASANAHATTI VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT - 577 215. …PETITIONER (BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADV.) AND: 1. STATE OF KARNATAKA BY PSI, AIMANGALA POLICE STATION HIRIYUR REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF BUILDINGS HIGH COURT BENGALURU. 2. AVALESH H S/O HUCHCHAPPA AGED ABOUT 43 KAMASAMUDRA VILLAGE MALENAHALLI CHITRADURGA - 577 215. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1; SRI R. SURESH, ADV., FOR R-2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25017 CRL.P No. 8680 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO THAT IN THE EVENT OF ARREST OF THE PETITIONER BY AIMANGALA POLICE IN THEIR CRIME. NO.77/2025, II ADDL. SESSION COURT, CHITRADURGA SHALL BE RELEASE RELEASED ON BAIL. 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.77/2025 registered by Imangala Police Station, Chitradurga, for the offences punishable under Section 64(2)(m) of BNS, 2023 and Sections 4, 5 (j)(ii), 5(l) and 6 of the POCSO Act, 2012, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.77/2025 was registered by Imangala Police Station, Chitradurga, for the aforesaid offences against petitioner herein based on the first information dated 19.05.2025 received from Dr. Vijay. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.640/2025 before the - 3 - HC-KAR NC: 2025:KHC:25017 CRL.P No. 8680 of 2025 jurisdictional Sessions Court which was rejected on 18.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner and the victim girl are in love and they are related to each other. Victim girl has already attained 18 years of age and it has been decided by the parents of both the parties to perform the marriage of the petitioner with the victim girl. Victim girl has not made any allegations against the petitioner in her statement recorded under Section 183 of BNSS, 2023. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP submits that as per the material available on record, it appears that victim girl was a minor as on the alleged incident, though she was a major as on the date of registration of FIR. Learned counsel for respondent No.2 submits that he has no objection to grant the relief sought for in the petition and also submits that parents of both the parties have decided to perform the marriage of petitioner with the victim girl who is now pregnant. The submissions made on both sides are taken on record. - 4 - HC-KAR NC: 2025:KHC:25017 CRL.P No. 8680 of 2025 6. The material on record would go to show that when the victim girl was medically examined by the first informant, it was found that she was pregnant and therefore, first informant who is a Doctor by profession had approached the police on 19.05.2025 and based on his first information, FIR was registered against the petitioner. Material on record would also go to show that petitioner is the maternal uncle of the victim girl, who had completed 18 years of age as on the date of registration of FIR. The statement of the victim girl under Section 183 of BNSS, 2023, has been recorded in the present case by the jurisdictional Magistrate and the victim girl has stated that petitioner is her maternal uncle and they are already married. She has stated that thereafter they have been residing together and since she was suffering from stomach pain, she had gone to the Hospital and Doctor after medically examining her, informed that she was pregnant and she has stated that out of her own will, she had gone with the petitioner. She has not made any allegations against the petitioner. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively considering the peculiar - 5 - HC-KAR NC: 2025:KHC:25017 CRL.P No. 8680 of 2025 facts and circumstances of the case. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.77/2025 registered by Imangala Police Station, Chitradurga, for the offences punishable under Section 64(2)(m) of BNS, 2023 and Sections 4, 5 (j)(ii), 5(l) and 6 of the POCSO Act, 2012, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2025:KHC:25017 CRL.P No. 8680 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN