- 1 - HC-KAR NC: 2025:KHC:29077 CRL.P No. 9668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9668 OF 2025 BETWEEN: 1. SRINIVASA @ SRINIVASULU, S/O R.GANGAPPA, AGED ABOUT 38 YEARS, NO-NILL, POOJENA AGRAHARA, HOSAKOTE, BENGALURU DIST, KARNATAKA - 625 716. PERMANENT RESIDENT OF NO.3-25 GANDHARAMAKULAPPLI, V KOTA MANDAL, KONGATAM, KONGATAM CHITTOR, ANDHRA PRADESH - 517 424. …PETITIONER (BY SRI.HARI PRASAD N., ADVOCATE) AND: 1. STATE BY THIRUMALASHETTAHALLI POLICE STATION, BENGALURU RURAL DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. HARI BABU, S/O VENKATESH, AGED ABOUT 25 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29077 CRL.P No. 9668 of 2025 R/AT EDAGUNUKI VILLAGE, D.M.PALLI POST, V KOTA MANDAL KONGATAM, KONGATAM CHITTOR, ANDRA PRADESH - 517424. (BROTHER OF VICTIM) …RESPONDENTS (BY SRI.R RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.112/2025, FOR THE OFFENCES P/U/S 9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, U/S 17, 5(L), 5(j), 6, 4(2) OF POCSO ACT, U/S 64(2)(m), 65(1) R/W 3(5) OF BNS, 2023, ON THE FILE OF THIRUMALASHETTAHALLI P.S., PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-II, BENGALURU RURAL DISTRICT, AT BENGALURU. 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 High Court Government Pleader for the State and perused the material on record. 2. On a complaint lodged by the victim, a case in Crime No.57/2025 was registered at East Women Police Station, Bengaluru City, for offences punishable under Sections 64(2)(m), 65(1) read with Section 3(5) of BNS, - 3 - HC-KAR NC: 2025:KHC:29077 CRL.P No. 9668 of 2025 2023 and Sections 4(2), 5(j), 5(L), 6, 17 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006. 3. On the point of jurisdiction, the case was transferred to Thirumalashettahalli Police Station, Bengaluru District and registered as Crime No.112/2025. 4. FIR is registered against accused Nos.1 to 6. Petitioner is arraigned as accused No.3. Apprehending his arrest, he filed Crl.Misc.No.1070/2025 before the Sessions Court seeking anticipatory bail, said petition was dismissed vide order dated 28.06.2025. 5. As per complaint averments, the date of birth of the victim is 03.09.2011. She had studied up to 7th Standard in ZPH High School. It is alleged in the complaint that in the month of June 2023, her mother, uncle and grand parents stating that her father is unwell and he has been admitted to the hospital in Bengaluru, took her to the - 4 - HC-KAR NC: 2025:KHC:29077 CRL.P No. 9668 of 2025 house of her cousin by name Reddappa / accused No.1 and for about a month she was kept in the said house. On 16.06.2023 she was taken to Venkateshwara Temple, wherein they forcibly performed her marriage with Reddappa/ accused No.1. Thereafter, the said accused committed penetrative sexual assault on the victim, repeatedly. 6. As per prosecution, the victim's parents and other relatives including the petitioner herein knowing very well that she is a minor, forcibly performed her marriage with Reddappa / accused No.1. 7. The marriage is alleged to have been performed on 16.06.2023. However, till 06.05.2025 there was no complaint lodged. According to the petitioner, the complaint is lodged at the behest of the wife of Reddappa by name Radhamma, who has deserted his company, in view of some matrimonial dispute. Drawing the attention of the Court to the contents of the FIR, he contended that - 5 - HC-KAR NC: 2025:KHC:29077 CRL.P No. 9668 of 2025 on 02.05.2025, at the behest of said Radhamma, the complainant went and stayed in the house of one Rajeshwari and on 03.05.2025 she telephoned to Radhamma who lured her with money and instigated her to lodge a false complaint. 8. The petitioner arraigned as accused No.3 is said to be the uncle of the victim. According to the prosecution, accused Nos.2 to 6 have performed the marriage of the complainant / minor girl with accused No.1 by force. Prosecution has to establish that even the petitioner is involved in performing the marriage of victim with accused No.1. The same has to be proved in a full fledged trial. 9. Pursuant to the notice issued to respondent No.2/complaiant her relative/cousin by name Haribabu is present before the Court. He submits that he has no objections to consider the bail petition of the petitioner. - 6 - HC-KAR NC: 2025:KHC:29077 CRL.P No. 9668 of 2025 10. Considering the facts and circumstances of the case, by imposing conditions, the relief sought by the petitioner can be granted. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner / accused No.3 in Crime No.112/2025 of Thirumalashettahalli Police Station, Bengaluru District, is ordered to be released in the event of his arrest, subject to following conditions: a) Petitioner / accused No.3 shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. - 7 - HC-KAR NC: 2025:KHC:29077 CRL.P No. 9668 of 2025 c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 30