- 1 - HC-KAR NC: 2025:KHC:31625 CRL.P No. 8890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8890 OF 2025 BETWEEN: 1. PRATAPA.P S/O PRAKASH, AGE ABOUT 30 YEARS, 2. MANJUALA, W/O PRAKASH, AGE ABOUT 45 YEARS, BOTH ARE RESIDING AT: CHIKKAMUDUVADI, KANAKAPURA TQ, RAMANAGARA DIST PIN NO 562117. …PETITIONERS (BY SRI. SIDDESH H.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY BIDADI POLICE RAMANAGAR BY SPP HIGH COURT AT BANGALORE-560001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA., HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH CR.NO.103/2025, ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN) AND JMFC COURT AT RAMANAGARA DISTRICT AND ON THE FILE OF BIDADI POLICE, RAMANAGARA, FOR THE OFFENCES P/U/S 9 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31625 CRL.P No. 8890 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard learned counsel for the petitioners, learned High Court Government Pleader for the State and perused the material on record. 2. Based on the information furnished by the Supervisor, Office of the Child Development Project Officer, Ramanagara, a case in Crime No.103/2025 came to be registered at Bidadi Police Station, against petitioner No.1, and others for the offence punishable under Section 9 and 11 of the Prohibition of the Child Marriage Act, 2006. 3. It is alleged that the victim, a minor girl has reported on 21.04.2025 that her marriage was performed with the petitioner No.1 on 20.04.2025 by her parents. Further, the petitioner No.1, having knowledge that the victim is a minor, has married her and thereby committed the offence punishable under Section 9 and 11 of the Prohibition of the Child Marriage Act, 2006. - 3 - HC-KAR NC: 2025:KHC:31625 CRL.P No. 8890 of 2025 4. Apprehending their arrest, both the petitioners approached the learned Sessions Judge under Section 482 of the BNSS, 2023, in Crl.Misc.No.487/2025, seeking anticipatory bail. The said petition was dismissed vide order dated 04.06.2025. 5. One of the grounds for rejection of the bail petition is that the police have issued notice to the first accused under Section 35(3) of the BNSS, 2023 and therefore, he has to appear before the police for enquiry and further the name of the second petitioner is not mentioned in the FIR and no notice has been issued to her and therefore, there is no apprehension of her arrest. 6. Learned High Court Government Pleader submits that in the course of investigation, provisions under the POCSO Act, has been invoked and the accused are required for interrogation and therefore, if they are enlarged on anticipatory bail, they may not cooperate with the investigation and they may also tamper with the prosecution witnesses. - 4 - HC-KAR NC: 2025:KHC:31625 CRL.P No. 8890 of 2025 7. It is the case of prosecution that the marriage of a minor girl (victim) was performed with petitioner No.1 on 20.04.2025, by her parents. Further, the petitioners having knowledge that the victim girl was a minor, performed her marriage and after the marriage, petitioner No.1 subjected her to penetrative sexual assault. 8. Statement of the victim has been recorded under Section 183 of the BNSS, 2023. A perusal of the same does not indicate that the petitioner No.1 had knowledge about her age, prior to the marriage. It is stated that on 20.04.2025, the victim along with her mother, petitioner No.1 and his mother i.e., petitioner No.2 went to one temple wherein, her marriage was performed. On the very next day, i.e., on 21.04.2025, Child Development Project Officer visited her house and took her to Balamandira in Channapatna. In her statement, she has not alleged that she was subjected to penetrative sexual assault. - 5 - HC-KAR NC: 2025:KHC:31625 CRL.P No. 8890 of 2025 9. Both the petitioners have a reasonable apprehension of their arrest, as it is submitted by the learned HCGP, that the Provisions of the POCSO Act, 2012 have been invoked in the course of the investigation. Petitioners may not be required for custodial interrogation. Considering the facts and circumstances, by imposing conditions, the relief sought by the petitioners can be granted. Accordingly, the following:- ORDER i) Petition is allowed. ii) Petitioners shall be released in the event of their arrest, in Crime No.103/2025 registered by Bidadi Police Station, subject to following conditions: a) They shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two sureties for the likesum. - 6 - HC-KAR NC: 2025:KHC:31625 CRL.P No. 8890 of 2025 b) They shall furnish proof of their residential address and shall inform the I.O. in case of any change in the address. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 29