- 1 - NC: 2025:KHC-D:7180 CRL.P No. 100352 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.100352 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MARUTHI @ MARUTESH S/O. ISHAPPA KURUBAR, AGE: 22 YEARS, OCC: LABORER, R/O: GANGANAL VILLAGE, TQ AND DIST: KOPPAL – 582 114. …PETITIONER (BY SRI B. C. JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH KOPPAL RURAL P.S) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. THE PRESDIDENT/ OFFCER, DISTRICT LEVEL CHILD WELFARE COMMITTEE, KOPPAL, TQ AND DIST: KOPAL – 582 114. …RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL. SC (POCSO) NO. 57/2024 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I AT KOPPAL, IN CONNECTION WITH CR.NO.140/2024, REGISTERED BY KOPPAL RURAL POLICE STATION, FOR THE OFFENCES PUNISHABLE U/S 137(2), 64(2)(m), 351(2), 351(3), 127(4), 352, 3(5) OF BNS ACT 2023, AND SECTION 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT 2006, AND SECTION 6 OF POCSO ACT 2012, AND THE SCHEDULED CASTES AND THE Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7180 CRL.P No. 100352 of 2025 SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT BILL 2015 U/S 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), IN THE INTEREST OF JUSTICE. 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 1. The 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 Spl.SC(POCSO)No.57/2024 for the offences punishable under Sections 137(2), 64(2)(m), 351(2), 351(3), 127(4), 352, 3(5) of BNS Act 2023, Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, Section 6 of the POCSO Act, 2012 and for the offences punishable under Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (‘SC and ST, Act’ for short), registered in Koppal Rural Police Station. 2. The case of the prosecution is that the petitioner- accused No.1 belongs to a particular community and victim belongs to Schedule Caste community. Accused No.1 expressed that he had fallen in love with her and forced her to love him. - 3 - NC: 2025:KHC-D:7180 CRL.P No. 100352 of 2025 The case of the prosecution is that the victim refused saying that she was a minor, in spite of that petitioner-accused No.1 continued the same and enticed to marry her. That petitioner- accused No.1 eloped with the victim aged about 17 years and subsequently, the parents of the petitioner-accused No.1 came to know and they performed this marriage. It was alleged that petitioner-accused No.1 has abused the victim in fitly language mentioning her caste and wrongfully confined her and she was not allowed to return to her parental house. However, she was later sent to her parents’ house. 3. Learned counsel for the petitioner submits that petitioner-accused is aged about 22 years and the relationship between him and the victim was consensual and that she willingly accompanied him. He asserts that no force or coercion was used at any stage. It is contended that the allegation of assault and caste based abuse is false and an after thought. The petitioner-accused No.1 has no criminal antecedents and he is co-operating with the investigation. 4. Learned HCGP opposes the grant of bail contending that the victim is a minor belonging to Schedule Caste - 4 - NC: 2025:KHC-D:7180 CRL.P No. 100352 of 2025 community and that the petitioner-accused No.1 despite knowing her age pursued her, coerced into eloping and committed sexual assault. It is further alleged that the petitioner-accused No.1 has wrongfully confined the victim after a forced marriage and later abused her mentioning her caste. She submits that victim wished to return back to her parents’ house but however, the petitioner-accused No.1 confined her. 5. The State argues that the offences are serious in nature particularly for the offences under POCSO Act, SC & ST Act and that granting of bail may lead to tampering with evidence or influencing the victim and witnesses. 6. Having heard the learned counsel for the parties and on perusal of the material on record, this Court opines that the victim was 17 years old at the time of the alleged incident and while legally still a minor, she was close to the age of consent. However, this fact, though not a defense under POCSO, is a relevant mitigating circumstance for the purpose of bail. Though, the consent of minor is not valid in law, the circumstances and conduct of the victim including her elopement and reported willingness to marry indicates the act - 5 - NC: 2025:KHC-D:7180 CRL.P No. 100352 of 2025 was not violent or forceful, and was romantic in nature. Delay in initiating legal proceedings after the victim returned home, doubts on the veracity of the allegation. Material on record does not indicate any physical harm, grievous injury or any threat. The petitioner has no prior criminal record. In light of the above circumstances, particularly the age, proximity of the victim to majority, the consensual nature of relationship as could be seen from the facts, the absence of violent allegations, this Court opines that imposing suitable conditions the petitioner can be enlarged on bail. Hence the following: ORDER i. The petition is allowed. ii. The petitioner-accused No.1 is enlarged on bail in connection with the Crime No.140/2024 in Spl.SC(POCSO)No.57/2024 subject to following conditions: a. The petitioner-accused No.1 shall furnish personal bond to a sum of Rs.50,000/- with two sureties of likesum to the satisfaction of the trial Court. - 6 - NC: 2025:KHC-D:7180 CRL.P No. 100352 of 2025 b. The petitioner-accused No.1 shall not contact the victim or his family directly or indirectly. c. The petitioner-accused No.1 shall not tamper with the prosecution witnesses or hamper the investigation in any manner. d. The petitioner-accused No.1 shall attend all future Court dates 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 AT CT-ASC List No.: 1 Sl No.: 4