- 1 - HC-KAR NC: 2025:KHC:47605 CRL.P No. 14425 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14425 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NOVEL NITHYA RAJA AGED ABOUT 25 YEARS S/O WILLIAM WILFRED No. 8, UMMAR FAROOQ MASJID ROAD ASHOK NAGAR POLICE CHOWKI NEELSANDRA BENGALURU – 560 047. …PETITIONER (BY SRI C K NANDA KUMAR, SENIOR COUNSEL FOR SRI MOHAN KUMAR G, ADVOCATE) AND: 1. STATE BY ASHOK NAGAR POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU. 2. VARALAKSHMI L D/O LAKSHMAN AGED ABOUT 18 YEARS No. 8, UMMAR FAROOQ MASJID ROAD ASHOK NAGAR POLICE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47605 CRL.P No. 14425 of 2025 CHOWKI NEELSANDRA BENGALURU – 560 047. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.256/2025 OF ASHOK NAGAR P.S, BENGALURU REGISTERED FOR OFFENCE UNDER SECTION 5(j)(ii) AND 6 OF POCSO ACT, SECTION 64(1) OF THE BNS, 2023, AND 9 AND 10 OF THE CHILD MARRIAGE RESTRAINT ACT. 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 BNSS praying to grant bail in Crime No.256/2025 of Ashoknagar Police Station, Bangalore registered for offences punishable under Sections 5(j)(ii) and 6 of Protection of Children from Sexual Offences Act, 2012, Section 64(1) of BNS and Sections 9 and 10 of Child Marriage Restraint Act. - 3 - HC-KAR NC: 2025:KHC:47605 CRL.P No. 14425 of 2025 2. Heard learned Senior Counsel for the petitioner, learned counsel for respondent No.2 and learned High Court Government Pleader for the respondent –State. 3. Learned Senior Counsel for the petitioner would contend that there was love affair between petitioner and the victim girl and thereafter they married each other on 13.02.2025. They lead married life and due to which victim girl became pregnant and when she went to hospital for examination, there was abortion. There was no any complaint by the victim girl. But the authority insisted the victim girl to file complaint as she was minor as on the date of her marriage and there was sexual intercourse on her by the petitioner. The victim girl is ready to continue her marriage with the petitioner. The victim has not made any application for declaring her marriage as void before competent Court. There is no force by the petitioner on the victim girl for sexual intercourse. The investigation is over and charge sheet has been filed. Therefore, the - 4 - HC-KAR NC: 2025:KHC:47605 CRL.P No. 14425 of 2025 petitioner is not required for custodial interrogation. With these, he prays to allow the petition. 4. Learned counsel for respondent No.2 submits that respondent No.2 has no objection for grant of bail to the petitioner. Respondent No.2 is also present before the Court. 5. Per contra, learned High Court Government Pleader for respondent No.1 –State would contend that as on the date of alleged incident the victim was aged 17 years 07 months 30 days. There was abortion and the fetus has been sent for DNA test with blood samples. The petitioner was found biological father in the DNA test. With this, he prayed to reject the petition. 6. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on the Record. 7. The averments of the complaint filed by the victim girl indicate that she was in love with the petitioner and thereafter their marriage was performed on - 5 - HC-KAR NC: 2025:KHC:47605 CRL.P No. 14425 of 2025 13.02.2025. It further indicates that the victim girl lead marital life with the petitioner after marriage and due to which she became pregnant. The victim girl went to the hospital for treatment where there was abortion. In the averments of the complaint, the victim has not stated any forcible act of this petitioner of sexual intercourse on her. The victim is aged more than 17 years and as on the date of offence/incident, she is of the age of understanding consequences of her acts. The petitioner is ready to continue his marriage with the victim and so also victim. Considering the 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 is granted bail in Crime No.256/2025 of Ashoknagar Police Station, Bangalore subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:47605 CRL.P No. 14425 of 2025 a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused shall attend the Trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 7 Ct.sm