- 1 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103016 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI. VRUSHABHANATH @ VRUSHAB S/O DHANAPAL GALATAGE, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. PARAMANANDAWADI, TQ. RAIBAG, DIST. BELAGAVI-591 311. … PETITIONER (BY SRI. S.M. MUCHHANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THE POLICE INSPECTOR ATHANI, TQ. ATHANI, DIST. BELAGAVI, PIN-591 304, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT: DHARWAD BENCH, PIN-580 011. 2. CHAIR PERSON CHILD WELFARE COMMITTEE, SHIVAJI NAGAR, BELAGAVI, PIN-590 001. (SINCE CHILD IS COMPLAINANT AND HER MOTHER IS ACCUSED). … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 AND R2; SRI. SADANAND PATIL, ADVOCATE FOR VICTIM) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023), PRAYS THAT THE PETITION BE ALLOWED AND THE PETITIONER/ACCUSED NO.1 MAY BE ENLARGED ON REGULAR BAIL IN ATHANI P.S.NO.213/2024 UNDER SECTIONS 143, 147, 109, 341, 376(3), 376(2)(F), 376(2)(N), 370- A(1) R/W 149 OF IPC AND SECTIONS 4, 6 AND 17 OF POCSO ACT AND SECTIONS 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT PENDING TRIAL IN SPL. CASE NO.497/2024 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I BELAGAVI, TO MEET THE ENDS OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 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.Case No.497/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Belagavi arising out of Crime No.213/2024 registered by Athani Police Station, Belagavi district for offences punishable under Sections 143, 147, 109, 341, 376(3), 376(2)(f), 376(2)(n), 370A(1) read with Section 149 of IPC, Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 483 of the BNSS 2023 seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.213 of 2024 was registered by the Athani Police Station, Belagavi district, for the aforesaid - 3 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 offences against the petitioner and others based on the first information dated 15.06.2024 received from the victim girl. During the course of investigation of the case, petitioner herein who was arrayed as accused No.1 in the FIR was arrested on 22.06.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed in the present case for the aforesaid offences against 10 persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Criminal Misc.No.1137 of 2024 was rejected on 08.10.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that marriage of the petitioner with the victim girl was performed with the consent of the parents and relatives of the petitioner. Petitioner intended to give life to the victim girl, whose father has died. After the marriage, victim girl was taken back by her mother and was handed over to accused no.2 – Surekha. In the alleged incidents that had - 4 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 taken place thereafter, petitioner has no role to play. Petitioner is in custody for the last more than one year. He intends to give protection to his wife who has been pushed to live a miserable life by accused No.2. He, accordingly prays to allow the petition. 5. Per contra, learned HCGP submits that victim girl was a minor as on the date of the incident. There is allegation against the petitioner that he had sexual intercourse with the victim girl after he had married her. She, however, does not dispute that there is no role of the petitioner in the alleged act committed by accused No.2 after the mother of the victim girl had handed over the victim girl to accused No.2. 6. Learned Counsel appearing for respondent no.2 submits that he has no objection to grant bail to the petitioner and the elders and well-wishers of the victim girl have decided to perform her marriage with the petitioner, after she attains the age of majority. - 5 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 7. Perusal of the material on record would go to show that, the mother of the victim girl – Smt. Shobha (accused no.9) had married accused no.3 – Sameer Thyathasab Kudolli, after she had lost her first husband. Victim is born to accused no.9 from her wedlock with her first husband. It appears that petitioner and his relatives had approached accused nos.3 & 9 with a proposal for marriage of the victim with the petitioner and accused nos.3 & 9 had demanded a sum of Rs.1,00,000/- from the petitioner and his relatives to perform the marriage of the victim girl with the petitioner. Accordingly, petitioner and his relatives had paid a sum of Rs.1,00,000/- to the parents of the victim girl, and thereafter, the marriage of the petitioner with the victim girl was performed on 29.05.2023, and subsequently, on 02.07.2023, petitioner had sexual intercourse with the victim girl in his house and they lived together in the said house for a further period of one week. - 6 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 8. It appears that in the meanwhile accused no.9 had deserted her second husband – accused no.3 and subsequently she came to the house of the petitioner and took her daughter who is the victim girl along with her and left the victim girl in the custody of accused no.2 – Surekha, who was her friend. 9. There is no such allegation against the petitioner that he had any role to play in the acts committed by accused no.2 who allegedly had pushed the victim girl to her illegal business of prostitution. It appears that the victim girl who had escaped from the clutches of accused no.2 and her accomplices, had approached the Women and Child Welfare Department at Athani and with their assistance, she had submitted her first information before the police which had resulted in registering FIR in Crime No.213/2024 for the aforesaid offences. The other accused persons named in the charge sheet allegedly had assisted - 7 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 and attended the marriage of the petitioner with the victim girl. 10. The victim girl has not made any serious allegations against the petitioner in her statement recorded under Section 164 of Cr.PC. From a reading of the said statement, it appears that the victim girl’s ordeal started after she was taken from the house of the petitioner by her mother, who thereafter left her in the house of accused no.2 – Surekha. The victim girl has mentioned in detail about the acts committed by accused no.2 who appears to be carrying on the illegal business of prostitution. 11. Petitioner, who has no criminal antecedents, is in custody for the last more than one year. During the course of arguments, it is submitted by the learned Counsel for petitioner that, petitioner is ready and willing to give protection to the victim girl who has suffered at the hands of her parents and other accused persons. The maternal uncle of the victim girl who is before this Court also does - 8 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 not make any serious allegations as against the petitioner, and on the other hand, he has submitted that petitioner’s prayer for grant of regular bail can be allowed. He also has stated that the elders and well-wishers of the victim girl intend to perform her marriage with the petitioner after she attains the age of majority. 12. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 13. The petition is allowed. The petitioner is directed to be enlarged on bail in Spl. Case No.497/2024 pending before the Court of Additional District and Sessions Judge, FTSC-I, Belagavi arising out of Crime No.213/2024 registered by Athani Police Station, Belagavi district for offences punishable under Sections 143, 147, 109, 341, 376(3), 376(2)(f), 376(2)(n), 370A(1) read with Section 149 of IPC, Sections 4, 6 and 17 of the Protection of - 9 - HC-KAR NC: 2025:KHC-D:11056 CRL.P No. 103016 of 2025 Children from Sexual Offences Act and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) 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 KGK, KK CT:BCK LIST NO.: 1 SL NO.: 22