- 1 - HC-KAR NC: 2025:KHC:23799 CRL.P No. 13722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13722 OF 2024 BETWEEN: 1. SRI. SUBHANI H S/O HASEN @ HUSSANI AGE 28 YEARS OCC: MASAN /COOLIE R/O GANDHINAGAR BESIDE MADEENA MASJID CHALLAKERE TOWN DISTRICT CHITRADURGA 577522 …PETITIONER (BY SRI H M NAVEEN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH CHALLAKERE PS POLICE STATION AUTHORITIES CHALLAKERE, CHITRADURGA DIST. BY ITS SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R1, R2 - SERVED) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23799 CRL.P No. 13722 of 2024 THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ORDER TO BE RELEASED ON BAIL IN CRIME NO.389/2024 CHALLAKERE POLICE STATION, OFFENCE OF U/S.363,376(2),376(2)(n),498-A,504,506 OF IPC U/S.4,5(j)(II),5(L) ,6 OF POCSO ACT 2012 AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006. 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 in Spl.C.(POCSO) No.129/2024 pending before the II Additional District and Sessions Judge, Chitradurga, arising out of the Crime No.359/2024 registered by Challakere Police Station, Chitradurga, for the offences punishable under Sections 363, 376(2)(n), 498A, 504, 506 of IPC and Section 4, 5(J)(II), 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 and under Section 9 of Prohibition of Child Marriage Act, 2006, is before this Court under Section 439 of the IPC, seeking regular bail. - 3 - HC-KAR NC: 2025:KHC:23799 CRL.P No. 13722 of 2024 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 3. Respondent No.2 though served with notice has remained unrepresented before this Court. 4. FIR in Crime No. 359/2024 was registered by Challakere Police Station, for the aforesaid offences, against the petitioner based on the first information dated 26.07.2024 received from a victim girl who was aged about 19 years. During the course of investigation of the case, the petitioner herein was arrested on 26.07.2024 and subsequently remanded to judicial custody. After completion of investigation, charge sheet was filed against the petitioner for the aforesaid offences. Bail application filed before the Trial Court in Crl.Misc.No.1107/2024 was rejected on 16.10.2024. Therefore, the petitioner is before this Court. 5. Perusal of the material placed on record goes to show that the marriage of the petitioner with the victim girl was solemnized on 16.06.2022, and after the marriage, petitioner and the victim girl were living together as husband and wife, and as a result, the victim girl got pregnant and she had - 4 - HC-KAR NC: 2025:KHC:23799 CRL.P No. 13722 of 2024 delivered a male child in the Government Hospital on 09.06.2023. In the FIR, it is alleged that, subsequently the petitioner started suspecting the character of the victim girl and he allegedly abused and assaulted her, and in this regard two to three times panchyath was also held, and inspite of the same, the petitioner continued to abuse and assault the victim girl and on 17.12.2023, he allegedly had thrown out the victim girl and their son from the house. 6. Subsequently, the victim girl had taken shelter in her parents' house and on 26.07.2024 she had approached the jurisdictional Police and based on her complaint, FIR was registered against the petitioner for the aforesaid offences. 7. Undisputedly, the petitioner has no other criminal antecedents and from the wedlock, a male child was born to victim on 09.06.2023 itself. It is only after, a dispute arose between the petitioner and the victim girl, she subsequently approached the Police on 26.07.2024. The victim girl has been already examined before the Trial Court as P.W.1 and therefore, there cannot be an apprehension that the petitioner may tamper the material charge sheet witness, and out of the - 5 - HC-KAR NC: 2025:KHC:23799 CRL.P No. 13722 of 2024 24 charge sheet witnesses only victim P.W.1 has been examined till date. 8. 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. Accordingly, the following – ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.359/2024 registered by the Challakere Police Station, for the offences punishable under Sections 363, 376(2)(n), 498A, 504, 506 of IPC and Section 4, 5(J)(II), 5(L), 6 of Protection of Children from Sexual Offences Act, 2012 and under Section 9 of Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) Petitioner shall execute 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 - 6 - HC-KAR NC: 2025:KHC:23799 CRL.P No. 13722 of 2024 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 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 HR