- 1 - HC-KAR NC: 2025:KHC:29216 CRL.P No. 8284 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8284 OF 2025 BETWEEN: HANUMESH S/O LATE RAJANNA AGED ABOUT 28 YEARS, RESIDING AT NO.14, 2ND MAIN ROAD, TEACHERS COLONY, BIDARAHALLI, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. …PETITIONER (BY SRI. BIRADAR SHIVAPPA CHANABASAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANYAPURA P.S., REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. VICTIM …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (U/S 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL, IN SPL.CC.NO.1420/2024 (CRIME NO.216/2025) FOR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29216 CRL.P No. 8284 of 2025 THE OFFENCE P/U/S. 376(N), 376(3), 506, 34, 504, 324, 344 OF THE IPC, 1860 AND U/S. 9, 11 OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006, SEC.5(L), 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 REGISTERED BY SUBRAMANYAPURA POLICE STATION, BENGALURU, PENDING ON THE FILE OF ADDL. CITY CIVIL AND SESSIONS JUDGE-FTSC-III AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is before this Court in this petition filed under Section 483 of the BNSS, 2023 praying to enlarge him on bail in Spl.C.C.No.1420/2024 pending on the file of the Court of Additional City Civil and Sessions Judge, FTSC-III, Bengaluru. 2. Heard both sides and perused the material on record. 3. In brief, prosecution has alleged that all the accused have illegally performed the marriage of a minor - 3 - HC-KAR NC: 2025:KHC:29216 CRL.P No. 8284 of 2025 girl-CW.2, with accused No.1, petitioner herein, knowing fully well that she is a minor, aged about 15 years. 4. Charge sheet is filed against accused Nos.1 to 7 for offences Punishable under Section 376(3), 376(N), 324, 504, 506 read with Section 34 of IPC and Section 5(l) and 6 of the POCSO Act, 2012 and Section 9, 11 of the prohibition of the Child Marriage Act. 5. It is vehemently contended by the learned counsel for petitioner that the marriage itself is not proved and therefore, the case of the prosecution that accused have performed the marriage of the minor victim girl with the petitioner and after the marriage, accused No.1/petitioner has subjected her to penetrative sexual assault etc., are not believable. He further contended that different versions are given regarding the date of marriage and therefore, the entire case of the prosecution is false. 6. The learned counsel further contended that accused Nos.2 to 7 are already enlarged on bail, whereas - 4 - HC-KAR NC: 2025:KHC:29216 CRL.P No. 8284 of 2025 petitioner is languishing in judicial custody from 04.06.2024. He has therefore, sought to allow the petition and enlarge the petitioner on bail. 7. Learned High Court Government Pleader has contended that the victim has given her statement under Section 164 of Cr.P.C., wherein she has clearly stated that the accused have performed her marriage with accused No.1, petitioner herein and after the marriage she was subjected to penetrative sexual assault by the petitioner. He has contended that as per birth certificate, date of birth of the victim is 07.12.2008 and therefore, she was minor as on the date of commission of the offence. 8. It is submitted that charges are already framed. Recording of victim’s evidence is yet to take place. In view of the statement of the victim recorded under Section 164 of Cr.P.C., at this stage, it cannot be said that there is no prima-facie case against the petitioner. If he is enlarged on bail, there is likelihood of tampering the victim, thereby hampering the case of prosecution. - 5 - HC-KAR NC: 2025:KHC:29216 CRL.P No. 8284 of 2025 9. In the light of above facts and circumstances, petition is dismissed, reserving liberty to the petitioner to file a fresh petition before the Sessions Court, once the evidence of the victim is completed. If any such petition is filed, the learned Sessions Judge shall consider and dispose it of as expeditiously as possible, in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 20 CT: BHK