- 1 - NC: 2025:KHC-D:7194 CRL.P No. 101877 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101877 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHRI. TIPPU @ TIPPU SULTAN S/O. RAJASAB BEPARI, AGED ABOUT 32 YEARS, OCC: DAIRY BUSINESS, R/AT: KESHWAPUR, NAGASHETTI KOPPA, KERIVANDI ONI, HUBBALLI – 580 020. …PETITIONER (BY SRI. ASHOK R. KALYANSHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (POLICE INSPECTOR HUBBALLI TOWN POLICE), BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT PREMISES, DHARWAD – 580 001. 2. SMT. SALMA W/O. JAFARSAB KADAKOL, AGE: MAJOR, OCC: LABOURER, KULKARNI HAKKAL, GOODS SHED ROAD, HUBBALLI – 580 020. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE HIM ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN HUBBALLI TOWN POLICE CR.NO.109/2024 SPL SESSIONS CASE NO. 6/2025, ON THE FILE OF II ADDITIONAL DISTRICT JUDGE, DHARWAD AND SPECIAL JUDGE FOR POCSO AND SC ST (POA) ACT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 64(2)(M), 336(2), 304(2) OF BNS 2023 AND SECTION 5(T),6 AND 7 VISHAL NINGAPPA PATTIHAL HIGHCOURT OF KARNATAKA DHARWAD BENCH 2025.05.17 15:08:00 +0530 - 2 - NC: 2025:KHC-D:7194 CRL.P No. 101877 of 2025 OF POCSO ACT 2012 AND SECTION 9 OF PREVENTION OF CHILD MARRIAGE ACT 2006 IN THE INTEREST OF JUSTICE AND EQUTIY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Petitioner - accused No.1 is before this Court seeking for the regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) in connection with Crime No.109/2024 (Spl.Case No.06/2025) for the offences punishable under Sections 137(2), 64(2)(M), 336(2), 340(2) of Bharathiya Nyaya Sanhita, 2023 (‘BNS, 2023’ for short) and Sections 5(t), 6 and 17 of the Protection Of Children from Sexual Offences, (POCSO) Act, 2012, and Section 9 of Prevention of Child Marriage Act, 2006, registered by the Hubballi Town Police Station. 2. Heard the learned counsel appearing for the petitioner and the learned HCGP for the State. 3. Learned counsel for the petitioner contends that the victim, a girl aged about 17 years had voluntarily eloped with petitioner and there was no force or abduction involved. It is submitted that the victim’s statement before the JMFC clearly - 3 - NC: 2025:KHC-D:7194 CRL.P No. 101877 of 2025 states that the petitioner is not involved in any unlawful act. Further, it is submitted that the victim has attained puberty and is near majority age, and that their marriage is valid under the personal law. The petitioner is a first time offender and investigation is substantially completed and therefore the petitioner seeks regular bail. 4. Learned HCGP opposes the bail application on the ground that the victim is a minor and is entitled to protection. It is submitted that the offences are serious, involving abduction and sexual assault, and that the petitioner should not be released on bail to prevent interference with the investigation and witness tampering. 5. The petitioner’s counsel has placed reliance on the fact that the victim has attained puberty and is nearing the age of majority (17 years). While attainment of puberty is a relevant fact under certain personal laws regarding marriage, for criminal law purposes, the statutory definition of a minor is decisive. Under the relevant statutes, including the Protection Of Children from Sexual Offences, (POCSO) Act and the BNSS, - 4 - NC: 2025:KHC-D:7194 CRL.P No. 101877 of 2025 a person below the age of 18 years is considered a minor, irrespective of puberty. 6. However, considering the material on record and the statement of victim recorded before the Magistrate, the victim has stated that she willingly eloped with the petitioner and that no force was used. Although the victim is below 18 years, her age being 17 years and nearing majority is a relevant factor. Therefore, while the victim’s puberty and near majority age could be considered as mitigating factors in exercising judicial discretion, however, they do not nullify the protective mandate of the law for minors. Therefore, considering the nature of allegations, statement of the victim, petitioner’s background as first time offender, the petitioner is not required for further investigation and there is no strong prima facie case warranting custodial detention at this stage. Balancing the right of the victim to protection under law and the right of the accused to personal liberty, by imposing appropriate conditions, the petitioner is ordered to be released on bail, and this Court pass the following order. - 5 - NC: 2025:KHC-D:7194 CRL.P No. 101877 of 2025 ORDER (i) The Criminal Petition is allowed. (ii) The petitioner – accused No.1 is ordered to be released on regular bail in Spl. Case No.6/2025 (arising out of Hubballi Town Police station Crime No.109/2024), subject to the following conditions: a. The petitioner-accused No.1 shall furnish personal bond for a sum of Rs.50,000/- with two sureties of likesum to the satisfaction of the trial Court. b. The petitioner-accused No.1 shall not tamper the evidence and hamper the prosecution witnesses in any manner. c. The petitioner-accused No.1 shall appear before the trial Court on all hearing dates without fail and shall not leave the jurisdiction of the trial Court without prior permission. Any violation of the above conditions will entitle the prosecution to seek cancellation of bail. __________sd/-_______ JUSTICE K.S.HEMALEKHA YKL/-