- 1 - HC-KAR NC: 2025:KHC-D:10850 CRL.P No. 103062 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103062 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: DODDAMANI MARUTI @ MARUTHI @ A.K. MARUTHI S/O. LATE DODDAMANI MARIYAPPA, AGE. 25 YEARS, OCC. AGRICULTURE, R/O. CHIKKA SOBATTI VILLAGE, TQ. HAGARI BOMMANAHALLI, DIST. VIJAYANAGARA-583 212. … PETITIONER (BY SRI. S.C. HIREMATH, ADVOCATE) AND: 1. THE STATE, BY PSI, HAGARI BOMMANAHALLI POLICE STATION, VIJAYANAGARA DISTRICT-583 212. 2. SMT. B. SHYAMALA W/O. HARISHANKAR, AGE. 56 YEARS, OCC. MANAGER, OFFICE OF THE WOMEN AND CHILD DEVELOPMENT, TQ. HAGARI BOMMANAHALLI, DIST. VIJAYANAGARA-583 212. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO RELEASED ON REGULAR BAIL IN HAGARI BOMMNNALLI P.S. CR.NO.23/2025, NOW PENDING IN SPL.C.NO.546/2025 FOR OFFENCE PUNISHABLE UNDER SECTION 64(2)(M) OF BNSS UNDER SECTIONS 4, 6 OF POCSO AND UNDER SECTIONS 9 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT 2016 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I, BALLARI BY ALLOWING THIS PETITION. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10850 CRL.P No. 103062 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Spl. C. No.546 of 2025 pending before the Addl. District & Sessions Judge, FTSC-I, Ballari arising out of Crime No.23 of 2025 registered by Hagaribommanahalli P.S., Hagaribommanahalli Circle, Vijayanagara District for the offences punishable under Sections 64(2)(m) of the BNS, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, is before this Court under Section 483 of the BNSS, 2023 seeking Regular Bail. 2. Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for respondent Nos.1 and 2. 3. FIR in the present case was registered in Crime No.23 of 2025 against the petitioner and his mother based - 3 - HC-KAR NC: 2025:KHC-D:10850 CRL.P No. 103062 of 2025 on first information dated 17.02.2025 received from respondent No.2, who was working as Child Development Project Officer, Hagaribommanahalli. In the first information it is stated that on 17.02.2025, the first informant came to know that the marriage of the petitioner with the victim girl who was a minor was performed on 14.06.2023 against her wishes, by the parents of the petitioner. The parents of the victim girl who came to know about the same had not filed a complaint since they did not want to disturb the marriage of the petitioner with their daughter which was already performed. Subsequently, the victim girl became pregnant and her pregnancy got terminated. Thereafter, the victim girl had returned to her parents house and was staying with them. 4. From the aforesaid, it appears that the marriage of the victim girl and the petitioner was performed on 14.06.2023 and thereafter they lived together as husband and wife. Subsequently, the victim girl got pregnant and for certain reasons her pregnancy got terminated and - 4 - HC-KAR NC: 2025:KHC-D:10850 CRL.P No. 103062 of 2025 thereafter she had taken shelter in her parents’ house. Though, in the first information, it is alleged that the marriage of the petitioner with the victim girl was against the wishes of the victim girl and her parents, neither the victim girl nor her parents had approached the Police after her marriage was performed on 14.06.2023 and on the other hand, the petitioner and the victim girl lived as husband and wife for more than a year and only after the first informant came to know about the marriage of the victim girl with the petitioner and about the termination of her pregnancy etc., the first informant had approached the Police. 5. The petitioner aged about 25 years, is in custody in the present case from 18.02.2025 onwards and the investigation is completed. Undisputedly, the petitioner has no criminal antecedents and he is said to be an agricultural coolie by avocation. Considering the aforesaid aspects of the matter, I am of the opinion that, prayer for grant of - 5 - HC-KAR NC: 2025:KHC-D:10850 CRL.P No. 103062 of 2025 regular bail by the petitioner – accused No.1 needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl. C. No.546 of 2025 pending before the Addl. District & Sessions Judge, FTSC-I, Ballari arising out of Crime No.23 of 2025 registered by Hagaribommanahalli P.S., Hagaribommanahalli Circle, Vijayanagara District for the offences punishable under Sections 64(2)(m) of the BNS, 2023, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 and 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions: (i) The petitioner – accused No.1 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) 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; - 6 - HC-KAR NC: 2025:KHC-D:10850 CRL.P No. 103062 of 2025 (iii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; (iv) The petitioner shall not involve in similar offences in future. Sd/- ( S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 31