- 1 - HC-KAR NC: 2025:KHC:53469 CRL.P No. 15042 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15042 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MANI R S/O. RAMULU, AGED ABOUT 20 YEARS R/AT BUDIGUTTAPALLE VILLAGE, V.KOTA MANDALAM, CHITTOOR DISTRICT, ANDHRA PRADESH-516101. …PETITIONER (BY SRI. CHETHAN A.,ADVOCATE) AND: 1. STATE OF KARNATAKA INSPECTOR OF POLICE, KOLAR WOMEN POLICE STATION, KOLAR, REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560001. 2. SMT.RATHNAMMA, W/O. NARAYANASWAMY, AGED ABOUT 40 YEARS, R/AT SAMENAPURA VILLAGE, BANGARPET TALUK, KOLAR DISTRICT-563114 …RESPONDENTS (BY Smt.RASHMI PATEL, HCGP FOR R1, R2 SERVED - UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53469 CRL.P No. 15042 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE ON BAIL IN CR.NO.89/2025 REGISTERED BY WOMEN P.S., KOLAR DISTRICT, FOR THE OFFENCES P/U/S 137(2),64(2) OF BNS, UNDER SECTIONS 4 AND 6 OF POCSO ACT, UNDER SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, PENDING BEFORE LEARNED ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) AT KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.89/2025 of Kolar Women Police Station registered for the offences punishable under Sections 137(2), 64(2) of BNS read with Sections 4 and 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. - 3 - HC-KAR NC: 2025:KHC:53469 CRL.P No. 15042 of 2025 3. The learned counsel for petitioner would contend that, the victim girl in her statement recorded under Section 183 of BNSS, 2023 has specifically stated that, she married the petitioner after attaining the age of 18 years, and when she went to a doctor for checkup, the police took her and prayed to close the case. He further submits that the complaint has been filed by the victim girl is taken forcibly, and the victim girl has not filed complaint against the petitioner. The petitioner married the victim girl after she attaining the age of 18 years, and now she is pregnant. The petitioner is innocent. He has not committed any offence as alleged. The petitioner is aged 20 years. As the charge sheet is filed, he is not required for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, as on the date of his marriage and sexual intercourse, the victim girl was aged 17 years 8 months. The charge sheet - 4 - HC-KAR NC: 2025:KHC:53469 CRL.P No. 15042 of 2025 materials indicate prima facie case against the petitioner for the offence alleged against him. With this, she prayed to reject the petition. 5. In spite of service of notice, the respondent No.2 remained absent and unrepresented. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. The accusation against this petitioner as per charge sheet is that, he married the victim girl when she was aged 17 years 8 months, and thereafter, took her to his house and lead marital life, and had sexual intercourse with her, and as a result, she became pregnant. The statement of victim girl has been recorded under Section 183 of BNSS, 2023. In the said statement, the victim girl has stated that, she has married the petitioner on 03.02.2025 at Kolar as per her wish, and she was doing coolie work; she has married the petitioner after attaining - 5 - HC-KAR NC: 2025:KHC:53469 CRL.P No. 15042 of 2025 the age of 18 years; she has not filed the complaint against the petitioner, and she has prayed to close the case. The case has been registered on the statement of victim girl on 21.08.2025. The statement of victim girl has been recorded on 23.08.2025 under Section 183 of BNSS, 2023. 8. Considering the above aspects, whether the petitioner has committed the offence alleged against him is the matter of trial. He is in judicial custody since 15.09.2025. As the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. 9. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:53469 CRL.P No. 15042 of 2025 ii) The petitioner is granted bail in Crime No.89/2025 of Kolar Women Police Station registered for the offences punishable under Sections 137(2), 64(2) of BNS read with Sections 4 and 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 15