- 1 - HC-KAR NC: 2025:KHC:29603 CRL.P No. 9932 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9932 OF 2025 BETWEEN: AMRUTHA NAIK S/O THIPPESH NAIK, AGED ABOUT 23 YEARS, DRIVER, R/O INGALDAL LAMBANIHATTI VILLAGE, CHITRADURGA TALUK-577 501. …PETITIONER (BY SRI. B.S. BASAVARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA CHITRADURGA WOMEN POLICE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-01. 2. XXXXX D/O XXXXX, AGED XXX YEARS, XXXXX, XXXXX. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL U/S 483 OF BNSS ACT IN CRIME NO.36/2025 IN SPL.CASE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29603 CRL.P No. 9932 of 2025 NO.80/2025 OF CHITRADURA WOMEN POLICE ON THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE AT CHITRADURGA UNDER SECTION 64(2)(m), 54, 352, 115 R/W SECTION 3(5) OF BNS, SECTION 4, 6 AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and perused the material on record. 2. Petitioner is arraigned as accused No.1 in Crime No.36/2025 of Chitradurga Women Police Station. He has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail. 3. FIR is registered against accused Nos.1 to 4 for offences punishable under Section 54, 64(2)(m), 115, 352 - 3 - HC-KAR NC: 2025:KHC:29603 CRL.P No. 9932 of 2025 r/w 3(5) of BNS, 2023, Section 4, 6 and 17 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006, on a complaint lodged by the wife of the petitioner. On completion of investigation charge sheet is filed. 4. It is the case of prosecution that the petitioner married the victim/complainant when she was a minor, by forcibly tying tali to her in one Chowdeshwari Temple, Kolahal Village, Chitradurga and took a sum of Rs.4,00,000/- from her, which she received after the death of her father. Further, he subjected her to penetrative sexual assault and all the accused have picked up quarrel, abused and assaulted her for petty reasons. On 01.04.2025, when the victim wanted to go to the house of her brother, accused Nos.1 to 4 objected and picked up quarrel with her, on account of which she attempted to commit suicide by consuming insecticide. 5. As per prosecution, the accused married the victim on 05.02.2023, when she was a minor. The - 4 - HC-KAR NC: 2025:KHC:29603 CRL.P No. 9932 of 2025 complaint is lodged on 03.04.2025. A perusal of the complaint averments reveal that the victim/complainant as well as the petitioner were in love with each other. It is alleged that by inducing her, the petitioner took her to one Chowdamma temple on 05.02.2023 and forcibly tied tali, when she was just 16 years of age. Thereafter, he took her to his house and committed penetrative sexual assault on her. 6. The prosecution is relying on the school records to prove the age of the victim, wherein her date of birth is mentioned as 04.03.2007. Hence, it is contended by the learned Additional SPP that victim was a minor when the petitioner got married on 05.02.2023. 7. Learned counsel for petitioner has disputed the date of birth mentioned in the school records contending that the authentic documents pertaining to her date of birth are not collected and also contended that the - 5 - HC-KAR NC: 2025:KHC:29603 CRL.P No. 9932 of 2025 complaint is lodged belatedly and at the time of lodging the complaint, the complainant is a major. 8. The prosecution has to establish its case against the petitioner in a full-fledged trial. The age of the victim has to be proved by the prosecution in accordance with law. As per charge sheet allegations, on 01.04.2025, the complainant wanted to go to her brother’s house for a lunch, but accused Nos.1 to 4 objected and quarreled with her. It appears that, this prompted the complainant to consume pesticide. She was then taken to hospital for treatment, wherein her statement was recorded by the Police and consequently case is registered against the petitioner and his parents and sister. 9. It is submitted that accused Nos.2 to 4 are enlarged on bail. Petitioner has no criminal antecedents. He has undertaken to furnish sufficient surety to ensure his regular presence before the trial Court. Hence, by - 6 - HC-KAR NC: 2025:KHC:29603 CRL.P No. 9932 of 2025 imposing conditions, petitioner can be released on bail. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Petitioner/accused No.1 in Crime No.36/2025 of Chitradurga Women Police Station, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. - 7 - HC-KAR NC: 2025:KHC:29603 CRL.P No. 9932 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 40