- 1 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103461 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHANKAR @ SHANKRAPPA S/O HANMANTAPPA CHURI, AGE. 22 YEARS, OCC. COOLIE, R/AT: HESARUR, NOW AT S.S. PATIL NAGAR, TQ. MUNDARAGI, DIST. GADAG-582 118. … PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, MUNDARGI POLICE STATION, GADAG, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. BHIMMAVVA W/O YAMANAPPA BENNALLI @ BENNEHALLI, AGE. 59 YEARS, OCC. LABOURER, R/AT: S.S. PATIL NAGAR, TQ. MUNDARAGI, DIST. GADAG-582 118. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE ACCUSED NO.1/PETITIONER ON REGULAR BAIL IN MUNDARGI POLICE STATION CRIME NO.77/2024 IN SC NO.38/2024 PENDING ON THE FILE OF COURT OF ADDL. DISTRICT AND SESSIONS JUDGE AT: GADAG, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 452, 376(2)(N), 506 OF IPC, UNDER SECTIONS 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 AND UNDER SECTION 9 OF PROTECTION OF CHILD MARRIAGE ACT 2006, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in S.C.No.38/2024 pending before the Court of Additional District and Sessions Judge, Gadag arising out of Crime No.77/2024 registered by Mundargi Police Station, for the offences punishable under Sections 452, 376(2)(N), 506 of IPC, under Sections 4 and 6 of Protection of Children from Sexual Offences Act 2012 and under Section 9 of Protection of Child Marriage Act 2006, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.77/2024 was registered by Mundargi Police Station, initially for the offences punishable under Sections 376 of IPC, Section 6 of Protection of Children from Sexual Offences Act 2012 and under Sections - 3 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 9, 10 and 11 of Prohibition of Child Marriage Act 2006 against one Devaraj based on the first information dated 15.04.2024 received from respondent No.2 who is the grand mother of the victim girl aged about 17 years as on the date of registration of FIR. During the course of investigation, petitioner was arrested on 15.04.2024. After completing investigation, charge sheet has been filed against two persons and petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the trial Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner and the victim girl are in love. Victim girl has been examined before the trial Court as PW1 and she has not supported the case of the prosecution during the course of her cross examination. He submits that all the material charge sheet witnesses are already examined in the present case. Petitioner, aged 22 years, having no criminal - 4 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 antecedent is in his custody for the last more than one year. The victim girl, who has given birth to a child, has now attained the age of majority. Relatives and family members of both the parties have decided to perform the marriage of the petitioner with the victim girl. He accordingly prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner is the biological father of the child born to the victim girl. She however does not dispute that victim girl has now attained the age of majority. She submits that victim girl and her grandmother are present in person before this Court along with the child born to the petitioner. The parties who are present before the Court in person have stated that they have no objection to release the petitioner on bail. 6. FIR in the present case was registered against one Devaraj, initially, for the aforesaid offences, based on the first information dated 15.05.2024 received from - 5 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 respondent No.2 who is the grandmother of the victim girl. In the first information, it is stated that the victim girl aged 17 years was found to be pregnant and on enquiry, she had informed the first informant that Devaraj was the cause for her pregnancy. It is under these circumstances, FIR was initially registered against Devaraj. During the course of investigation, petitioner herein was arrested on 15.05.2024 and aforesaid Devaraj was arrested on 17.05.2024. Accused No.2, Devaraj is said to have been enlarged on bail by the trial Court. 7. The material on record would go the show that the petitioner and victim were in love and they also had sexual intercourse and as a result, the victim girl got pregnant. The victim girl has been examined before the trial Court as PW1 and according to the learned counsel for the petitioner, during the course of her cross examination, she has not supported the case of prosecution and no allegation is made against the petitioner. - 6 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 8. Material on record would go to show that the victim girl and all other material charge sheet witnesses including the doctor who had medically examined the victim girl have been already examined before the trial Court and as on this date, 9 charge sheet witnesses including the first informant (PW9), have been examined before the trial Court as PWs.1 to PW9. Therefore, there cannot be any apprehension that petitioner may tamper with the material charge witnesses. Petitioner aged about 21 years having no other criminal antecedents is in custody for the last nearly 16 months. 9. Under these circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petition is allowed. ii. The petitioner is directed to be enlarged on bail in S.C.No.38/2024 pending before the - 7 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 Court of Additional District and Sessions Judge, Gadag arising out of Crime No.77/2024 registered by Mundargi Police Station, for the offences punishable under Sections 452, 376(2)(N), 506 of IPC, under Sections 4 and 6 of Protection of Children from Sexual Offences Act 2012 and under Section 9 of Protection of Child Marriage Act 2006, subject to the following conditions: a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; b. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 8 - HC-KAR NC: 2025:KHC-D:11993 CRL.P No. 103461 of 2025 c. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 22