- 1 - HC-KAR NC: 2025:KHC:28539 CRL.P No. 8938 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8938 OF 2025 BETWEEN: 1. MANJUNATH S R, AGED ABOUT 33 YEARS, S/O REVANNA, R/AT SOUDENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK - 571 401. MANDYA DISTRICT. 2. ADARSH M S, AGED ABOUT 30 YEARS, S/O SHIVARAM S K, R/AT SOUDENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK - 571 401. MANDYA DISTRICT. …PETITIONERS (BY SRI. IJARI NAGARAJA., ADVOCATE) AND: 1. STATE BY MANDYA RURAL POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. XXX XXX …RESPONDENT (BY SRI.RANGASWAMY R., HCGP FOR R-1; Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28539 CRL.P No. 8938 of 2025 SRI.RAJU.H., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CR.NO.179/2025 REGISTERED BY THE RESPONDENT MANDYA RURAL P.S., FOR THE OFFENCES P/U/S 9 AND 10 OF THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT, 2016 AND SUBMITTED TO THE JMFC COURT, MANDYA, MANDYA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.179/2025 registered by Mandya Rural Police Station, Mandya District, for offences punishable under Section 12 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 352, 118(1), 127(4) of BNS, 2023 and Section 9, 10, 11 of Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 (for short 'Child Marriage Act') are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:28539 CRL.P No. 8938 of 2025 3. FIR in Crime No. 179/2025 was registered by Mandya Rural Police Station, Mandya District, initially for offence punishable under Sections 9, 10 of Child Marriage Act against the petitioners herein, based on the first information dated 09.05.2025 received from respondent No.2, who was working as Executive Officer of Taluk Panchayath, Mandya. Apprehending arrest in the said case petitioners who were arraigned as accused Nos.1 and 2 in the FIR had filed Crl.Misc.No.403/2025 before the Jurisdictional Sessions Court, which was rejected on 06.06.2025. It is under this circumstance petitioners are before this Court. 4. Learned Counsel for the petitioners having reiterated the grounds urged in this petition has prayed to allow this petition. 5. Per contra, learned HCGP had opposed the petition and learned Counsel for respondent No.2 who is the mother of alleged victim girl submits that he has no objections to allow this petition. - 4 - HC-KAR NC: 2025:KHC:28539 CRL.P No. 8938 of 2025 6. In the first information which was filed by the Executive Officer of Taluk Panchayath, Mandya, it is stated that she had received information that marriage of the victim girl with accused No.1 was performed on 09.12.2021 when she was a minor and thereafter, she was being ill-treated in her matrimonial house. It is under these circumstances, FIR was registered against the petitioner initially for offense punishable under Sections 9 and 10 of Child Marriage Restraint Act. After completing investigation, charge sheet has been filed against the petitioners and others for the aforesaid offences. In the charge sheet, petitioners' are arraigned as accused Nos.1 and 2. Allegation in the charge sheet is that marriage of the victim girl was performed with the petitioner against her wishes by the other accused persons and thereafter, the victim girl was being ill-treated in the matrimonial house. The maximum punishment for the aforesaid offences is imprisonment for a period of five years. There is no allegation against accused about they committing any kind of penetrative sexual assault on the victim girl. - 5 - HC-KAR NC: 2025:KHC:28539 CRL.P No. 8938 of 2025 7. Petitioners do not have any criminal antecedents. Investigation of the case is already completed and charge sheet has been filed. Therefore, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest registered by in Crime No.179/2025 registered by Mandya Rural Police Station, Mandya, for offences punishable under Section 12 of POCSO Act and Section 352, 118(1), 127(4) of BNS, 2023 and Section 9, 10, 11 of Child Marriage Act, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and - 6 - HC-KAR NC: 2025:KHC:28539 CRL.P No. 8938 of 2025 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the investigating officer; 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons; 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon; 4. The Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 43