- 1 - HC-KAR NC: 2025:KHC-D:14571 CRL.P No. 103742 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103742 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MR. ROSHAN ZAMEER @ ROSHAN S/O. SUBAN SAB, AGE. 23 YEARS, OCC. LABOURER, R/O. SHINGIRIHALLI VILLAGE, TQ. HARAPANAHALLI-583231, DIST. VIJAYANAGAR. …PETITIONER (BY SRI. N.D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HALAVAGILU POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SRI. KOTRESHAPPA B. S/O. BASAPPA, AGE. 49 YEARS, OCC. LABOURER, R/O. RAGIMASALAVADA VILLAGE. TQ. HARAPANAHALLI-583231, DIST. VIJAYANAGAR. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14571 CRL.P No. 103742 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, GRANT REGULAR BAIL TO THE PETITIONER IN CRIME NO.39/2025 REGISTERED WITH HALAVAGILU P.S. AND PENDING BEFORE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, BALLARI IN SPL.C NO.906/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 137(2), 64(2(M) OF BNS AND SECTION 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 AND SECTION 9 OF CHILD MARRIAGE ACT-2006, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.39/2025 of Halavagilu Police Station for the offence under Sections 137(2), 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 and Section 9 of the Child Marriage Act, 2006. Brief facts of the case: 2. The case of the prosecution is that the complainant was working as a coolie for his livelihood. He - 3 - HC-KAR NC: 2025:KHC-D:14571 CRL.P No. 103742 of 2025 had two children. The victim is younger daughter. She was studying SSLC and she got result. On 01.05.2025, around 10.00 p.m., after having dinner, they slept in the house. On 02.05.2025 at about 5.00 a.m., he found his younger daughter was missing from the house. They searched the whereabouts of the victim, but, they did not get any information. Thereafter, he received information that the petitioner had kidnap his daughter. Hence he called the petitioner to his mobile phone through another number. The petitioner had received the said call and informed him that he was in Bhadravathi and thereafter, he had switched off his mobile phone. Therefore, he lodged a missing complaint, suspecting the involvement of the petitioner. 3. The respondent-police registered a case and after investigation submitted the charge sheet. 4. Heard Sri. N. D. Gunde, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent No.1-State. - 4 - HC-KAR NC: 2025:KHC-D:14571 CRL.P No. 103742 of 2025 5. Learned counsel for the petitioner submitted that the averments of the charge sheet would indicate that the petitioner after marrying the victim is stated to have committed sexual assault. The age of the victim was 16 years as on the date of alleged incident. 6. It is further submitted that, though she made a statement before the Magistrate that she had been subjected to sexual assault, the fact remains that, she voluntarily accompanied the petitioner and stayed with him and married him. It is further submitted that, there is possibility of taking the victim as his wife and he will take care of her. 7. It is further submitted that, the petitioner is aged about 23 years and permanent resident of Singrihalli village and working as a labourer and will abide the conditions imposed by this Court in the event of his release on bail. 8. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that the victim made a statement before the Magistrate - 5 - HC-KAR NC: 2025:KHC-D:14571 CRL.P No. 103742 of 2025 under Section 164 of Cr.P.C., narrated the incident. Since, the victim was minor as on the date of the incident, he is not entitled for any relief as prayed for. Making such submissions, he prays to reject the petition. 9. Having heard the learned counsel for the respective parties and perused the averments of the complaint and statement of the victim, it indicates that, the victim and the petitioner were loved each other and she accompanied him voluntarily for the purpose of marriage. It is stated that, both were married at Masjid on 01.05.2025. Thereafter, they started living in the relatives' house. After lodging the complaint, she was secured by the respondent- police and the petitioner was arrested. As on the date of giving her statement before the Magistrate, she stated that her age is 17 years. However, as per the documents, she was 16 years 4 months. 10. Having considered the inconsistency in the case and also the statement given by the victim before the - 6 - HC-KAR NC: 2025:KHC-D:14571 CRL.P No. 103742 of 2025 Magistrate and the police, it is appropriate to grant bail as prayed for. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.39/2025 of respondent-police for the offence under Sections 137(2), 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 and Section 9 of the Child Marriage Act, 2006, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2025:KHC-D:14571 CRL.P No. 103742 of 2025 (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) the petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 45