- 1 - HC-KAR NC: 2025:KHC:32076 CRL.P No. 10587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 10587 OF 2025 BETWEEN: SRI SHAMBULINGAPPA G S S/O GURUSHANTHAPPA AGED ABOUT 37 YEARS R/AT. GUNDIMADU VILLAGE HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526. …PETITIONER (BY SRI MANIKANTA H B, ADVOCATE) AND: 1. STATE BY CHIKKAJAJUR P S HOLALKERE TALUK CHITRADURGA DISTRICT -577 526. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. 2. MAMATHA C H FATHER/HUSBAND'S NAME NOT KNOWN TO PETITIONER AGED ABOUT 54 YEARS WORKING AS ASSISTANT CDPO OFFICER, HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526. …RESPONDENTS (BY SRI K NAGESHWARAPPA, HCGP FOR R1 SRI PRAMOD Y, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32076 CRL.P No. 10587 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO GRANTING AN ORDER OF BAIL DIRECTING THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST FOR ALLEGED OFFENCES UNDER SECTION 64(2)(m) OF BNS ACT - 2023, SECTION 4 AND 6 OF THE POCSO ACT, 2012 SECTION 9 OF CHILD MARRIAGE RESTRAINT ACT AND SECTION 75 OF JJ ACT, 2015 REGISTERED UNDER CRIME (FIR) No.72/2025, CHIKKAJAJUR P.S, CHITRADURGA DISTRICT AND PENDING ON THE FILE OF SPECIAL II ADDL.DIST. AND SESSIONS JUDGE, CHITRADURGA AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioner, apprehending his arrest in a case registered against him in Crime No.72/2025 of Chikkajajur Police Station, Chitradurga has presented this petition seeking anticipatory bail. 3. Similar application for anticipatory bail filed by the petitioner has been rejected by learned Sessions Judge in Crl.Misc.No.500/2025 vide order dated 18.06.2025. - 3 - HC-KAR NC: 2025:KHC:32076 CRL.P No. 10587 of 2025 4. FIR is registered on a complaint lodged by the Assistant CDPO, Holalkere Taluk, Chithradurga, wherein it is alleged that when the victim girl was admitted at Keerthi Hospital, Chitradurga for treatment, she was found to be a minor and 15 months pregnant. 5. It is the case of prosecution that petitioner married the minor girl (victim) and committed penetrative sexual assault, on account of which she became pregnant and thereby committed the offence. 6. FIR is registered for the offence punishable under Section 64(2)(m) of BNS 2023, Sections 4 and 6 of POCSO Act, 2012, Section 9 of the Child Marriage Restraint Act (repealed) and Section 75 of the Juvenile Justice(Care and Protection of Children) Act, 2015. 7. Learned HCGP has contended that charge sheet has been filed in this case for the offence punishable under Section 376(2)(n) of IPC, Section 4 and 6 of the POCSO Act, Section 9 of the Prohibition of Child Marriage Act and - 4 - HC-KAR NC: 2025:KHC:32076 CRL.P No. 10587 of 2025 Section 75 of the Juvenile Justice (Care and Protection of Children) Act. He contended that the petitioner has been absconding and in view of the nature and gravity of the offence, petitioner is not entitled for the relief sought in the petition. 8. Learned counsel Sri Pramod.Y appearing for victim submitted that the victim girl has delivered a baby girl and victim and her family have no objection for considering the prayer of the petitioner for bail. 9. According to prosecution, the date of birth of the victim is 17.04.2007 and she was aged 17 years 10 months when she was admitted to the hospital. It is alleged that petitioner married the victim on 21.04.2024 in Ganapathi temple in Holalkere Town and thereafter they lived as husband and wife and the minor victim was subjected to penetrative sexual assault repeatedly by the petitioner. - 5 - HC-KAR NC: 2025:KHC:32076 CRL.P No. 10587 of 2025 10. The prosecution is relying on the school records, the date of birth mentioned therein, in proof of the age of the victim girl. Learned counsel for petitioner has disputed the date of birth, contending that no authentic documents are collected to establish the age of the victim. 11. The prosecution has to establish the case against the petitioner in a full-fledged trial. As per prosecution, petitioner married the victim, when she was a minor, on 21.04.2024 and subjected her to penetrative sexual assault repeatedly, on account of which she became pregnant. The FIR is registered on the basis of a suo motu complaint lodged by the Assistant CDPO, when the victim came to the hospital for a checkup. Considering the facts and circumstances, the petitioner can be granted the relief, by imposing conditions. Accordingly, the following: ORDER Petition is allowed. - 6 - HC-KAR NC: 2025:KHC:32076 CRL.P No. 10587 of 2025 Petitioner/accused in Crime No.72/2025 registered by Chikkajajur Police Station, Chitradurga District shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. - 7 - HC-KAR NC: 2025:KHC:32076 CRL.P No. 10587 of 2025 Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 33