- 1 - NC: 2025:KHC:503 CRL.P No. 11581 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11581 OF 2024 BETWEEN: MR DHANUSH, S/O MR MURUGESH, AGED ABOUT 20 YEARS, R/AT THIMMARAJIPURA VILLAGE, KOLLEGAL TALUK, CHAMARAJANAGARA DIST - 571 440. …PETITIONER (BY SRI. KESHAVA MURTHY B.,ADVOCATE) AND: 1. THE STATE BY SHO RAMAPURA P S., REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. XXX REP BY HER GUARDIAN AND MOTHER SMT.CHINNATHAI, W/O LATE MURUGA, R/AT KIREPATHI VILLAGE, MARTHALLI VILLAGE PANCHAYATH, KOLEGALA - 571 440. 3. THE SUPERVISOR, CHILDREN MARRIAGE PROHIBITION OFFICER AND CHILDREN DEVELOPMENT PLANNING OFFICE, PARAMAHAMSA ROAD, OPP AXIS BANK, KOLLEGALA - 571 440. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:503 CRL.P No. 11581 of 2024 …RESPONDENTS (BY SRI. RANGASWAMY R.,HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND PETITIONERS MAY BE ENLARGED ON BAIL IN CR.NO.27/2024 REGISTERED BY THE RAMAPURA P.S. IN SPL.C.NO.111/2024 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AND FTSC-I, CHAMARAJANAGARA FILED BY THE RESPONDENT, FOR THE ALLEGED OFFENCE P/U/S 376(2)(n) OF IPC, SEC. 5(J)(ii),5(L),6 OF POCSO ACT, 2012 AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Crime No.27/2024 of Ramapura Police Station, Chamarajanagara, registered for offences punishable under Sections 376(2)(n), Sections 5(J)(II), 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and Section 9 of the Prohibition of Child Marriage Act 2006. 2. On completion of investigation, police have filed charge sheet deleting Section 9 of the Prohibition of Child Marriage Act 2006. - 3 - NC: 2025:KHC:503 CRL.P No. 11581 of 2024 3. Heard both the sides and perused the material on record. 4. Learned HCGP submits that respondent No.2 has been served. However, there is no representation. 5. It is alleged by the prosecution that the petitioner has committed aggravated penetrative sexual assault on a minor girl aged below 18 years and made her pregnant and thereby committed the charge sheeted offences. 6. On a complaint by the Woman Supervisor and Child Marriage Prohibition Officer, Kollegala, aforementioned case was registered against the petitioner. The report submitted by the complainant would reveal that the matter was informed to her by the Medical Officer, Primary Health Center, Martalli Village, when the victim girl came to the Primary Health Center for checkup and noticing that she was pregnant and still a minor. - 4 - NC: 2025:KHC:503 CRL.P No. 11581 of 2024 7. As per prosecution, date of birth of the victim is 10.09.2005 and she was aged about 18 years and 5 months when she was found pregnant. It is contended by the learned HCGP that the victim girl was a minor as on the date of commission of the offence and therefore, there is a prima-facie case against the petitioner. 8. The prosecution is relying on the certificate issued by the Head Master of Government Higher and Primary School, Soolavadi, Martalli Village, Hannur Taluk, Chamarajanagar District and 1st standard school register to prove the age. However, learned counsel for the petitioner has disputed the date of birth of the victim girl as mentioned in those documents contending that no authentic documents are collected to establish the correct age of the victim. 9. The prosecution has to establish the age of the victim during the trial, in accordance with law. Investigation is completed and charge sheet is already filed. Petitioner is aged 20 years. He is in judicial custody - 5 - NC: 2025:KHC:503 CRL.P No. 11581 of 2024 since 29.02.2024. Considering the facts and circumstances, by imposing suitable conditions, relief sought by the petitioner can be granted. Accordingly, the following: ORDER i) The criminal petition is allowed. ii) Petitioner/accused in Spl.C.No.111/2024 on the file of the Court of Additional District and Sessions Judge and FTSC-I, Chamarajanagara (Crime No.392/2024 of Ramapura Police Station, Chamarajanagara) shall be enlarged on bail, subject to following conditions: a) He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. - 6 - NC: 2025:KHC:503 CRL.P No. 11581 of 2024 c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge, till conclusion of trial. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 27