- 1 - HC-KAR NC: 2025:KHC-D:10845 CRL.P No. 103052 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. 103052 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SURESH S/O DEVENDRAPPA, AGE. 24 YEARS, OCC. COOLIE, R/O. NEAR CHURCH BAGEWADI VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583 121. … PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH SIRUGUPPA POLICE STATION, BALLARI, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT: DHARWAD-580 011. 2. SMT. MARUTAMMA W/O DIWAKAR, AGE. 35 YEARS, OCC. COOLIE WORK, R/O. 2ND WARD, BAGEWADI VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583 121. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. G.D. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL. CASE NO.658/2025 (SIRUGUPPA P.S. CRIME NO.11/2025) PENDING ON THE FILE OF LEARNED ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I, BALLARI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 87, 137(2) AND 64(2)(M) OF BNS 2023 AND SECTION 8, 6, 5(L), 4(2) OF POCSO ACT 2012 AND UNDER SECTION 9 PROTECTION OF CHILD MARRIAGE ACT, 2006, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10845 CRL.P No. 103052 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. The accused in Special Case No.658 of 2025, pending before the Court of Addl. District and Sessions Judge, FTSC-I, Ballari, arising out of Crime No.11 of 2025 registered by Siruguppa P.S., Siruguppa Circle, Ballari District for the Offences punishable under Section 137(2) and 64(2)(m) of the BNS, 2023 and Sections 8, 6, 5(L), 4(2) of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 483 of the BNSS, 2023 seeking Regular Bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.11 of 2025 was registered by Siruguppa P.S., Ballari District against unknown persons initially for the offence punishable under Section 137(2) of - 3 - HC-KAR NC: 2025:KHC-D:10845 CRL.P No. 103052 of 2025 the BNS, 2023, based on the first information dated 22.01.2025 received from respondent No.2, who is the mother of the victim girl, who was aged about 17 years 10 months as on the date of registration of the FIR. During the course of investigation, the petitioner and the victim girl were traced together on 12.03.2025 and brought back to their village. The petitioner was arrested on 13.03.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court was rejected. Therefore, he is before this Court. 4. The first information was submitted by the mother of the victim girl, after the victim girl was found missing from their house on 20.01.2025. The efforts made to trace her had failed and therefore, the first informant had approached the Police on 22.01.2025. During the course of investigation, the petitioner and the victim girl were traced together at Kalaburagi on 12.03.2025 and - 4 - HC-KAR NC: 2025:KHC-D:10845 CRL.P No. 103052 of 2025 subsequently the petitioner was arrested on 13.03.2025 and remanded to judicial custody. 5. The statement of the victim girl under Section 183 of the BNSS, 2023 was recorded by the jurisdictional Magistrate on 20.03.2025. As on the said date, the victim girl was aged about 18 years 13 days. The victim girl has stated that she and the petitioner were in love and after her parents and relatives came to know about the same, they intended to perform her marriage with some other boy. Therefore, she and the petitioner had left their house on 20.01.2025 and travelled in the motorbike of the petitioner to Raichur and subsequently in the same motorbike, they have travelled from Raichur to Kalaburagi and got married. Therefore, they stayed in a rented premise at Kalaburagi and lived as husband and wife. On 12.03.2025 the Police came to their house and brought them back to their village, she has stated that she and the petitioner had sexual intercourse and when she was apprehended along with the petitioner on 12.03.2025, she - 5 - HC-KAR NC: 2025:KHC-D:10845 CRL.P No. 103052 of 2025 was pregnant. The investigation of the case is completed and the charge sheet has been filed. 6. The material on record would go to show that the petitioner aged about 24 years and the victim girl who is now completed 18 years of age are married. Undisputedly, the petitioner has no criminal antecedents and he is in custody for last more than five months. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner – accused is directed to be enlarged on bail in Special Case No.658 of 2025, pending before the Court of Addl. District and Sessions Judge, FTSC-I, Ballari, arising out of Crime No.11 of 2025 registered by Siruguppa P.S., Siruguppa Circle, Ballari District for the Offences punishable under Section 137(2) and 64(2)(m) of the BNS, 2023 and Sections 8, 6, 5(L), 4(2) of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition - 6 - HC-KAR NC: 2025:KHC-D:10845 CRL.P No. 103052 of 2025 of Child Marriage Act, 2006, subject to the following conditions: (i) The petitioner – accused 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; (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. (v) 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 VNP / CT:BCK LIST NO.: 1 SL NO.: 30