- 1 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102872 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SIDDLINGA MALLAPPA CHAKKADI, AGE. 32 YEARS, OCC. AGRICULTURE, R/O. BYAGAVADI VILLAGE, TQ. HANAGAL, DIST. HAVERI. … PETITIONER (BY SRI. S.G. NANDOOR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (BY ADUR POLICE STATION, ADUR), REP. BY SPP, HIGH COURT BUILDING, DHARWAD. 2. RATNAVVA W/O. CHANDRAPPA MULATHALLI, AGE. 40 YEARS, OCC. HOUSE WIFE, R/O. BYAGAVADI VILLAGE, TQ. HANAGAL, DIST. HAVERI-581 110. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. M.R. HIREMATHAD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SPL. SC NO.44/2025 PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I AT: HAVERI, THE ARISING OUT OF ADUR P.S. CRIME NO.54/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 201, 323, 354(D), 376(2)(I)(N), 341, 504, 506 R/W SECTION 34 OF IPC AND SECTIONS 4, 6 AND 17 OF POCSO ACT-2012 UNDER SECTIONS 9, 10 OF PROHIBITION OF CHILD MARRIAGE ACT-2006. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Spl.C.No.44/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.54/2025 registered by Adur Police Station, Haveri for the offences punishable under Sections 201, 323, 354(D), 376(2)(i)(n), 341, 504, 506 r/w Section 34 of IPC and Sections 4, 6 and 17 of POCSO Act-2012, under Sections 9, 10 of Prohibition Of Child Marriage Act-2006 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.54/2025 was registered by Adur Police Station, Haveri, for the aforesaid offences against the petitioner and his relatives based on the first information dated 18.03.2025 received from respondent No.2 who is the - 3 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 mother of victim girl. During the course of investigation, petitioner was arrested on 18.03.2025. After completing investigation, charge sheet has been filed against 7 persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Criminal Miscellaneous No.44 of 2025 was rejected on 25.06.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner and the victim girl were in love and subsequently, their marriage was also performed by the elders of both the families. It is only after there was a dispute between the husband and wife, the mother of the victim girl has filed a false complaint making allegations against the petitioner. He accordingly prays to allow the petition. 5. Per contra, leaned HCGP who has opposed the petition submits that in the first information as well as in the statement of the victim girl there are allegations against - 4 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 the petitioner which would attract the charge-sheeted offences. 6. Learned counsel appearing for respondent no.2 on instructions submits that he has no objection to allow the bail application and he also has filed a memo before this Court to the said effect. 7. In the first information which is submitted by the mother of the victim girl, it is stated that the petitioner is acquainted to their family and used to visit their house. On 02.07.2022 when the victim girl had gone to the house of petitioner, accused nos.2 and 3 who are the mother and sister of the petitioner had asked the victim girl to go inside the room of petitioner and they allegedly had locked the room from outside. Thereafter accused no.1 allegedly had sexual intercourse with the victim girl against her wishes and also had threatened her of dire consequences if she reveals the same to anybody. It is further alleged that even subsequently the petitioner had sexual intercourse with her - 5 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 and on 22.02.2024, marriage of the victim girl with the petitioner was performed in a temple. 8. First information in the present case is submitted on 18.03.2025 though the parents of the victim girl had the knowledge of the aforesaid incident. Allegation against accused nos.2 to 7 who are the relatives of the petitioner is about performing the marriage of the victim with the petitioner. It appears that prior to marriage the petitioner and the victim girl had a relationship and thereafter, their marriage was performed by their relatives. 9. The marriage the petitioner and the victim girl stayed together. It is only after a dispute arose between them, victim girl appears to have taken shelter in her parents' house and thereafter, the mother of the victim girl had approached the police and submitted the first information based on which FIR has been registered against the petitioner and his relatives for the aforesaid offences. Respondent no.2, who is present in person before the court, - 6 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 has submitted that the dispute between the parties has been settled and after the victim girl attains the age of 18, her marriage with the petitioner will be registered and thereafter, she will be sent to petitioner’s house. Investigation of the case is already completed and charge sheet has been filed. Petitioner is in the custody for the last 6 months. Trial in the case is yet to commence. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in *[Spl.SC.No.44/2025 pending before the Court of Additional District and Sessions Judge, FTSC-I, Haveri, arising out of Crime No.54/2025 registered by Adur Police Station, Haveri for the offences punishable under Sections 201, 323, 354(D), 376(2)(i)(n), 341, 504, 506 r/w Section 34 of IPC and Sections *Corrected vide Court Order dated 15.09.2025. Sd/- (SVSJ) - 7 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 4, 6 and 17 of POCSO Act-2012, Sections 9, 10 of Prohibition Of Child Marriage Act- 2006,]* subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 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 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. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 15 - 8 - HC-KAR NC: 2025:KHC-D:11581 CRL.P No. 102872 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SIDDLINGA MALLAPPA CHAKKADI VS. THE STATE OF KARNATAKA AND ANOTHER] 15.09.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER ON I.A.NO.1/2025 Learned counsel for the petitioner brings to the notice of this Court that in the operative portion of the order dated 09.09.2025, case number, the Court before which the case is pending and also Crime number has been wrongly mentioned. Registry is therefore, directed to carryout necessary corrections in the operative portion of the order and thereafter, issue a fresh certified copy of the order forthwith. I.A.No.1/2025 is accordingly, allowed. Sd/- ( S.VISHWAJITH SHETTY) JUDGE DN List No.: 2 Sl No.: 1