- 1 - HC-KAR NC: 2025:KHC:36243 CRL.P No. 11391 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11391 OF 2025 BETWEEN: GANGADHARA S/O VENKATESHALU, AGED ABOUT 32 YEARS, R/AT BAIYANNAPALLI VILLAGE, SADASHIVA NAGARA, LEPAKSHI MANDAL, HINDUPUR TALUK, ANANTPUR-515 331 ANDRA PRADESH …PETITIONER (BY SRI. PRASANNA D.P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CIRCLE INSPECTOR OF POLICE, GOWRIBIDANUR CIRCLE,| GOWRIBIDANUR RURAL POLICE, REP. BY SPP, HIGH COURT COMPLEX, BENGALURU-560001 2. SMT. SAROJAMMA W/O LATE. BHEERAPPA 44 YEARS R/AT NAGARAGERE VILLAGE, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT-561 208 …RESPONDENTS (BY SRI. R.RANGASWAMY, HCGP FOR R1 AND SRI.K.H.SHYLENDRA KUMAR, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36243 CRL.P No. 11391 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO RELEASE HIM ON BAIL IN SPL.SC.NO.62/2025 ARISING OUT OF CR.NO.215/2024 REGISTERED BY GOWRIBIDANUR RURAL POLICE, ON THE FILE OF IV ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, FOR THE OFFENCES P/U/S 137(2),127(3),64(2)(M) OF BNS, 2023, U/S 5(J)(II), 6 OF POCSO ACT, 2012, U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2016. THIS PETITION, COMING ON FOR FINAL ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel appearing for petitioner, the learned HCGP appearing for State and learned counsel appearing for respondent No.2, the de-facto complainant. 2. On a complaint lodged by victim’s mother, a case in Crime No. 215/2024 was registered at Gowribidanur Rural Police Station, against the petitioner and his mother for the offence punishable under Section 137(2) of the BNS, 2023. 3. In the complaint it is alleged that, on 23.07.2024 at about 08.00 p.m., the complainant's - 3 - HC-KAR NC: 2025:KHC:36243 CRL.P No. 11391 of 2025 daughter, aged about 16 years, has eloped with the petitioner. On securing the complainant's daughter, her statement was recorded by the police and her medical examination was conducted. On completion of investigation, charge sheet was filed. 4. It is the case of prosecution that on 23.07.2024 at about 08.00 p.m., petitioner by inducing the minor victim, took her to Hyderabad and on 07.09.2024 married her in a temple and both of them stayed in a small hut, wherein the petitioner subjected her to aggravated penetrative sexual assault, consequent to which she became pregnant. 5. The petitioner is alleged to have kidnapped the victim on 23.07.2024. Complaint was lodged by victim’s mother on 08.08.2024. The victim and the accused were secured on 21.02.2025. 6. The learned counsel appearing for respondent No.2 submits that the victim is now a major and she has delivered a baby. He further submits that the complainant - 4 - HC-KAR NC: 2025:KHC:36243 CRL.P No. 11391 of 2025 has no objection to enlarge the petitioner on bail, as the victim has married the petitioner. 7. Learned HCGP contended that if the petitioner is granted bail, he may tamper with the prosecution witnesses and thereby hamper the case of prosecution. He further contended, the petitioner hails from Andhra Pradesh and therefore, he may flee from justice. 8. It is vehemently contended by the learned counsel for petitioner that the victim is not a minor, as alleged by the prosecution and no authentic documents are collected by the prosecution to prove her age. He further contended that there is an inordinate delay in lodging the complaint and the allegations that the petitioner has kidnapped the minor victim etc., are false. He submits that the petitioner is ready and willing to furnish a local surety and abide by any conditions imposed by this Court. 9. According to the prosecution, the date of birth of the victim is 10.07.2008, as per school records. - 5 - HC-KAR NC: 2025:KHC:36243 CRL.P No. 11391 of 2025 However, the petitioner's counsel has disputed the date of birth and the age of the victim. The prosecution has to establish during trial that the victim was a minor as on the date of commission of the offence. The petitioner is in judicial custody from 21.02.2025. Investigation is completed and charge sheet has been filed. Petitioner has undertaken to furnish local surety to ensure his presence before the Trial Court. 10. Considering the facts and circumstances of the case, Petitioner can be admitted to bail, without expressing any view on the merits of the case. Hence, the following: ORDER The petition is allowed. Petitioner/accused No.1 in Crime No.215/2024 of Gowribidanur Rural Police Station is directed to be released on bail subject to the following conditions: 1. He shall execute a personal bond in sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties out of which, one shall be a - 6 - HC-KAR NC: 2025:KHC:36243 CRL.P No. 11391 of 2025 local surety for the likesum to the satisfaction of the jurisdictional court. 2. He shall furnish his residential address and inform the Investigation Officer if there is change with his address. 3. He shall not indulge in committing any offence. 4. He shall not tamper with the prosecution witnesses either directly or indirectly. 5. He shall appear before the Trial Court on every date of hearing the other bail. If any of the conditions are violated, the prosecution shall be at liberty to seek cancellation of the bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SMC List No.: 1 Sl No.: 43