- 1 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11280 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: 1. PRAJWAL. K. J. S/O. JAYANNA, AGED ABOUT 23 YEARS, R/AT: KABBALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK, HASSAN - 01. …PETITIONER (BY SRI. PRATHEEP.K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY WOMEN POLICE, HASSAN DISTRICT. REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. KAMALA, W/O GOVINDA, KABBALLI, NEAR KOLADA ANJANEYA TEMPLE, SIDDARTHANAGARA, HOLENARASIPURA, HASSAN - 16. …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1; R2 - SERVED - PRESENT) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL IN RELATION TO SPL.C.NO.174/2025 (CRIME NO.18/2025) PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, FOR THE OFFENCE PUNISHABLE UNDER SECTION 64 OF BNS AND SECTIONS 4, 5(j) AND 5(n) OF POCSO ACT, BY HASSAN WOMEN POLICE, HASSAN DISTRICT. 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 sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Spl.C.No.174/2025 (Crime No.18/2025 of Hassan Women Police Station), registered for offences punishable under Section 64 of Bharatiya Nyaya Sanhita, 2023 and Section 4, 5(j) and 5(n) of Protection of Children from Sexual Offences Act, pending on the file of Additional District and Sessions Judge, FTSC-I, Hassan. - 3 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State. 3. The mother of the victim girl who is present before the Court submits that, if the petitioner and his father are ready to perform marriage of the petitioner with the victim girl, they have no objection for grant of bail. The victim girl is also present along with her male child aged about six (6) months. The victim girl has also stated that, she will marry the petitioner after she attaining the age of eighteen (18) years. 4. Learned counsel for petitioner would contend that, there was a love affair between the petitioner and the victim girl and they had a physical contact and as a result, the victim girl became pregnant and gave birth to a male child. The victim girl was aged sixteen (16) years as on the date of incident. The petitioner is now ready to marry the victim girl and his father has filed the affidavit - 4 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 dated 27.11.2025 to that effect before this Court. With these, he prayed to allow the petition. 5. Per contra, learned Additional State Public Prosecutor for respondent No.1 would contend that, due to the act of this petitioner, the victim girl became pregnant and she gave birth to a male child. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition. 6. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 7. The date of birth of the victim girl as per her school records is 06.08.2008. The victim girl was studying in I year P.U.C. in Women Government P.U. College, Hassan. The victim girl in her statement recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita, 2023 has stated that, the petitioner during September, 2024 - 5 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 had sexual intercourse with her and when she was examined by the doctor on 25.03.2025, she was made known that she is pregnant. It is submitted that, the victim girl has now given birth to a male child on 29.06.2025. Now, the investigation is over and the charge sheet has been filed against the petitioner for the aforesaid offences. 8. Learned counsel for petitioner has filed the affidavit of father of the petitioner dated 27.11.2025. The father of the petitioner is present and he submits that, he has sworn to affidavit dated 27.11.2025. In the said affidavit reads as under: "I, Jayanna, S/o Rangaiah, aged about 49 years, residing at Dudda Hobli, Kabbali, Halekoppalu, Alur, Hassan-573219 today at Bengaluru solemnly affirm on oath as follows. 1. I state that, I am the father of the petitioner in the above case. 2. I state that, based on the complaint a case is registered in Crime No.18/2025 fro the - 6 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 offence under section 4, 5(j) & 5(n) of POCSO and section 64 of BNS against my son. 3. I state that, petitioner is in judicial custody. Petitioner has instructed me to state that he has agreed to marry the victim after she attains the age of majority and he further undertakes before this court that he will look after the victim in proper manner. 4. I state that, I have also consented and agreed for the petitioner's marriage with the victim once she attains the age of majority. 5. I state, if the undertaking given by the petitioner is violated the petitioner may be taken back to judicial custody. 6. I state that, whatever stated above is true and correct to the best of my knowledge." As per averments of the said affidavit, the father of the petitioner has agreed to perform marriage of the petitioner with the victim girl after she attains the age of majority. The petitioner has also instructed his father that, he has agreed to marry the victim girl after she attains the - 7 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 age of majority and undertaken that, he will look after the victim girl in proper manner. The mother of the victim girl has also agreed for marriage of her daughter - victim girl with the petitioner after she attaining the age of majority. She further submits that, if the petitioner fails to keep up his promise of marriage, then consequences has to be mentioned in the order. 9. The date of birth of the victim girl as per her school records is 06.08.2008. The victim girl attains the age of eighteen (18) years on 06.08.2026. The marriage of the petitioner with the victim girl has to be performed within one month from the date on which she attains age of eighteen (18) years i.e., on or prior to 06.09.2026. If the petitioner fails to marry the victim girl within the said date, the bail granted to him stands cancelled and he has to surrender before the trial Court. The petitioner has undertaken to appear before the trial Court on all dates of hearing. - 8 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 10. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Spl.C.No.174/2025 (Crime No.18/2025 of Hassan Women Police Station), pending on the file of Additional District and Sessions Judge, FTSC-I, Hassan, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates of hearing unless - 9 - HC-KAR NC: 2025:KHC:50814 CRL.P No. 11280 of 2025 exempted by the Court and cooperate for speedy disposal of the case. iv) The petitioner and father of the petitioner both have to file affidavit before the trial Court that marriage of the petitioner with the victim girl will be performed within one month from 06.08.2026. v) If the marriage of the petitioner is not performed with the victim girl within one month from 06.08.2026, the bail granted to the petitioner stands cancelled and he has to surrender before the trial Court on 07.09.2026. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 5