- 1 - HC-KAR NC: 2025:KHC:54559 CRL.P No. 16212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16212 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. RAVI M S/O, MARAPPA AGED ABOUT 21 YEARS R/AT, PANDARAHALLI VILLAGE KASABA HOBLI, CHITHRADURGA TALUK CHITHRADURGA-01. …PETITIONER (BY SRI. PRATHEEP.K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY WOMEN POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SAKAMMA, W/O RAMAPPA AGED ABOUT 35 YEARS R/AT, THAMLAPURA CIRCLE NEAR KRISHNA BAKERY HASSAN DISTRICT-01 ALSO RESIDING AT : MEDEHALLI VILLAGE MEGALAHALLI POST CHITHRADURGA TALUK Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54559 CRL.P No. 16212 of 2025 CHITHRADURGA DISTRICT-01. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1 V/O DTD. 18.12.2025 NOTICE TO R2 IS H/S) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.186/2025 (CR.No.1/2025), PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-1 AT HASSAN, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2), 64 OF BNS, SEC.5(j), 5(1), 6 OF POCSO ACT 2012 AND SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT, BY WOMEN POLICE STATION. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the `BNSS’) praying to grant bail in Spl.C. No. 186/2025 (crime No. 1/2025 of Hassan Women Police Station) registered for offence under Sections 137(2), 64 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’), Sections 5(j), 5(l), 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act pending on the file of Additional District and Sessions Judge, FTSC-1, Hassan. - 3 - HC-KAR NC: 2025:KHC:54559 CRL.P No. 16212 of 2025 2. Heard learned counsel for petitioner and learned HCGP for respondent No. 1 – State. In spite of service of notice respondent No. 2 remained absent and unrepresented. 3. Learned counsel for petitioner would contend that the victim girl was aged 16 years and there was love affair between the petitioner and the victim girl. The victim girl has stated the same in her statement recorded under Section 183 of BNSS. Petitioner has married the victim girl and thereafter led marital life which resulted in the pregnancy of the victim girl. Petitioner is in judicial custody since 03.04.2025. As charge sheet is filed, petitioner is not required for custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the act of this petitioner having sexual intercourse with the victim girl has resulted in her pregnancy. Pregnancy of the victim girl was aborted and DNA test of the product of conception indicate that petitioner is the biological father - 4 - HC-KAR NC: 2025:KHC:54559 CRL.P No. 16212 of 2025 and victim girl is the biological mother. Charge sheet material show prima facie case against the petitioner. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record. 6. Allegation against this petitioner as per column No. 17 of the charge sheet is that he enticed the victim girl on 29.12.2024, stayed with her, married her on 06.01.2025, had sexual intercourse with her as a result of which the victim girl became pregnant and committed offence alleged against him. Age of the victim girl is 15 years 9 months as on the date of the alleged offence. During investigation statement of the victim girl has been recorded under Section 183 of BNSS. In the said statement the victim girl has stated that she had love affair with the petitioner and as her parents were fixed her marriage with some other person, she and the petitioner went to a different place, married on 06.01.2025 and thereafter led marital life. Said - 5 - HC-KAR NC: 2025:KHC:54559 CRL.P No. 16212 of 2025 aspect indicates that there was no force or coercion by the petitioner for sexual intercourse on the victim girl. The victim girl is aged about 16 years as on the date of alleged offence and she is able to understand the consequence of her acts. There are no criminal antecedents of the petitioner. 7. Considering the above aspects petitioner has made out a case for grant of bail with conditions. 8. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in Spl.C. No. 186/2025 (crime No. 1/2025 of Hassan Women Police Station) subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:54559 CRL.P No. 16212 of 2025 III. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 12 Ct.sm