- 1 - HC-KAR NC: 2025:KHC:39723 CRL.P No. 12289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12289 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: VIJAYGOWDA @ VIJAY S/O VENKATESHGOWDA AGED ABOUT 28 YEARS R/O HARADURU VILLAGE KASABA HOBLI, ARAKALGUDU TALUK HASSAN DISTRICT-573 102 …PETITIONER (BY SRI. SANDEEPA S.H., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ARAKALAGUD POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. VICTIM GUARDIAN REPRESENTED BY KAVITHA W/O MANJEGOWDA AGED ABOUT 49 YEARS HOSAKOPPALU THATTEKERE VILLAGE MALLIPATTANA HOBLI ARAKALGUDU TALUK HASSAN DISTRICT-573 130. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1; R2 PRESENT) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39723 CRL.P No. 12289 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.150/2025 (CRIME NO.96/2025) OF ARAKALAGUDU POLICE AT, HASSAN, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I AT HASSAN, FOR THE OFFENCE PUNISHABLE UNDER SECTION 115(1) 318(4), 352, R/W 3(5), 351(2), 64 OF BNS AND PROHIBITION OF CHILD MARRIAGE ACT 2006, SECTION 9 AND 11, AND PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 SECTION 4, 6 AND 8, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.1 under Section 483 of BNSS seeking grant of bail in Crime No.150/2025 of Arakalagudu Police Station, Hassan registered for offences punishable under Sections 115(1), 318(4), 352 read with Section 3(5), 351(2), 64 of Bharatiya Nyaya Sanhita, 2023, Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the - 3 - HC-KAR NC: 2025:KHC:39723 CRL.P No. 12289 of 2025 respondent. Respondent No.2 is also present and she was also heard in the matter. 3. Learned counsel for the petitioner would contend that accused No.2 -brother of the victim girl told the petitioner –accused No.1 that his sister has completed 18 years of age, she has no parents and asked him to marry her. Accordingly, the petitioner –accused No.1 has married the victim girl and lead marital life with the victim girl. He submits that due to minor differences, the victim girl approached the police and filed the complaint. He further submits that major portion of investigation has been completed and therefore, the petitioner –accused No.1 is not required for any custodial interrogation. With these, he prays to allow the petition and grant bail to the petitioner –accused No.1. 4. Per contra learned High Court Government Pleader would contend that the marriage of the petitioner –accused No.1 with the victim girl is child marriage. The petitioner and other accused created fake documents to - 4 - HC-KAR NC: 2025:KHC:39723 CRL.P No. 12289 of 2025 show that the victim is aged 21 years and performed her marriage with the petitioner –accused No.1. The petitioner –accused No.1 against will of the victim girl had sexual intercourse with her for about 10 months after the marriage. The offences alleged against the petitioner are heinous offences punishable with death or imprisonment for life. On these grounds, he prays for dismissal of the petition. 5. Having heard leaned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The marriage of the petitioner –accused No.1 with the victim girl has taken place on 18.08.2024. As per the prosecution, the victim girl age is 16 years 02 months as on the date of marriage. As per first information filed by the victim girl, fake Aadhar Card has been created to show her age is 21 years and his brother –Ishwar and others have performed her marriage with the petitioner – accused No.1. The victim girl stayed with the petitioner – - 5 - HC-KAR NC: 2025:KHC:39723 CRL.P No. 12289 of 2025 accused No.1 for about 10 months in his house, lead marital life and had physical contact with him. There is an allegation that the petitioner –accused No.1 and his family members physically and mentally harassed the victim girl. Whether the victim girl was child/minor and her marriage with the petitioner –accused No.1 is child marriage is matter of trial. The petitioner –accused No.1 is in judicial custody since 17.07.2025 and therefore, he is not required for any custodial interrogation. Considering above aspects, the petitioner has made out case for grant of bail with conditions. 8. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is granted bail in Crime No.150/2025 of Arakalagudu Police Station registered for offences punishable under Sections 115(1), 318(4), 352 read with Section 3(5), 351(2), 64 of Bharatiya Nyaya Sanhita, - 6 - HC-KAR NC: 2025:KHC:39723 CRL.P No. 12289 of 2025 2023, Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 subject to following conditions; a. The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) with one surety for the likesum to the satisfaction of the trial Court; b. The petitioner –accused No.1 shall not threaten the victim girl and other prosecution witnesses; c. The petitioner –accused No.1 shall co- operate with the Investigating Officer in further investigation; d. The petitioner –accused No.1 appear before the trial court on all the dates of hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 28