- 1 - HC-KAR NC: 2025:KHC:27705 CRL.P No. 9433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9433 OF 2025 BETWEEN: SRI MANJUNATHA S S/O SHIVAPPA AGED ABOUT 30 YEARS R/O.ANAVERI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA - 577 243. …PETITIONER (BY SRI HARISH N.R, ADV.) AND: 1. THE STATE OF KARNATAKA BY RURUAL POLICE STATION CHITRADURGA, REPRESENTED ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. XXX …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R-1; SRI SHREYASH N, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN SPL.C(POCSO) NO.62/2025 PENDING ON THE FILE OF THE LEARNED SPECIAL 2nd ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA ARISING OUT OF CRIME NO.31/2025 REGISTERED BY THE RESPONDENT NO.1/RURAL POLICE, CHITRADURGA FOR THE OFFENCE P/US/ 64(1),65(1) OF BNS 2023, SEC.6 OF POCSO ACT AND SEC.9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27705 CRL.P No. 9433 of 2025 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 No.1 in Spl.C(POCSO).No.62/2025 pending before the Court of II Addl. District & Sessions Judge, Chitradurga, arising out of Crime No.31/2025 registered by Chitradurga Rural Police Station, Chitradurga District for the offences punishable under Sections 64(2)(m), 65(1), 54 r/w Section 3(5) of BNS, 2023 and Sections 4, 6 & 17 of the Protection of Children from Sexual Offences Act, 2012, Sections 9 & 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Section 75 Juvenile Justice Act, 1986 is before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.416/2024 was registered by Holehonnuru Police Station, Shivamogga District against the petitioner herein and others, on the basis of first information dated 23.12.2024 received from respondent - 3 - HC-KAR NC: 2025:KHC:27705 CRL.P No. 9433 of 2025 No.2 herein who is the mother of the victim girl, aged about 15 years 9 months. Subsequently, for want of jurisdiction, FIR was transferred to Chitradurga Rural Police Station and numbered in Crime No.31/2025. During the course of investigation, the petitioner was arrested on 23.12.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against three persons and the petitioner herein is arraigned as accused No.1 in the charge sheet filed for the aforesaid offences. 4. The bail application filed by the petitioner before the Sessions Court in Spl.C(Pocso).No.62/2025 was dismissed on 07.05.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the petitioner is maternal uncle of the victim. The mother of the victim girl has died and her father had married the sister of his wife. The marriage talks of the petitioner with the victim was held by the relatives and elders of the - 4 - HC-KAR NC: 2025:KHC:27705 CRL.P No. 9433 of 2025 family and their marriage was also performed. The victim girl has not made any allegation against the petitioner in her statement recorded under Section 183 of BNS, 2023. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP for respondent No.1 has opposed the petition on the ground that the victim girl is a minor and therefore the alleged offences get attracted against the petitioner. However, learned counsel for respondent No.2, who is the father of the victim girl has submitted that he has no objection to grant regular bail to the petitioner and the marriage of the petitioner with the victim girl will be performed only after she attains the age of 18 years and till then she would be staying in her parents house. 7. FIR in the present case was initially registered by Holehonnuru Police Station, Shivamogga District for the aforesaid offences in Crime No.416/2024 after receiving the first information from the victim girl. The victim girl - 5 - HC-KAR NC: 2025:KHC:27705 CRL.P No. 9433 of 2025 has stated that the petitioner is her maternal uncle and her parents and family members had made arrangements to perform her marriage with the petitioner. However, though she had consented for the same, she had sought time till she attains the age of majority. She has further stated that on 18.12.2024, her grand parents had performed her marriage with the petitioner and after coming to know about the said marriage, the representative of children helpline had contacted her and thereafter her statement was recorded by the police. 8. During the course of investigation, the petitioner was arrested on 23.12.2024 and ever since then he is in custody. Investigation in the case is completed and charge sheet has been filed. The victim girl has reiterated the averments found in the first information during the course of her statement recorded under Section 183 of BNS, 2023. The allegation found in the charge sheet are required to be proved in a full-fledged trial. Undisputedly, the petitioner has no other criminal - 6 - HC-KAR NC: 2025:KHC:27705 CRL.P No. 9433 of 2025 antecedents and he is in custody for the last eight months. Trial in the case is not yet commence. The case before the Trial Court is at the stage of hearing before charge. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.C(POCSO).No.62/2025 pending before the Court of II Addl. District & Sessions Judge, Chitradurga, arising out of Crime No.31/2025 registered by Chitradurga Rural Police Station, Chitradurga District for the offence punishable under Sections 64(2)(m), 65(1), 54 r/w Section 3(5) of BNS, 2023 and Sections 4, 6 & 17 of the Protection of Children from Sexual Offences Act, 2012, Sections 9 & 10 of the Prohibition of Child Marriage (Karnataka - 7 - HC-KAR NC: 2025:KHC:27705 CRL.P No. 9433 of 2025 Amendment) Act, 2016 and Section 75 Juvenile Justice Act, 1986, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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 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 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 NMS