- 1 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104492 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PUROSHOTTAM S/O. LATE THIPPESWAMY, AGE. 25 YEARS, OCC. COOLIE, R/O. 5TH WARD KAKRALATHOTA HANUMAN NAGAR, BALLARI DIST-583 201. …PETITIONER (BY SRI. B.ANWAR BASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH WOMEN P S BALLARI) REPRESENTED BY ITS, STATE PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, AT DHARWAD-580001. 2. SUVARNA W/O THIPPESWAMY, AGE. 38 YEARS, OCC. TAILOR, R/O. 5TH WARD KAKRALATHOTA, HANUMAN NAGAR, BALLARI DIST-583201. (MOTHER OF THE VICTIM) …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. PRASHANT MATHAPATI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.40/2025 REGISTERED IN WOMEN PS BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137 (2), 96, 64(2)(M) OF BNS AND 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, AND SECTION 5(L) OF CHILD MARRIAGE ACT 2006, PENDING ON THE FILE OF THE IST ADDL. DIST AND SESSIONS, F.T.S.C-I JUDGE, BALLARI. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 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 granting of regular bail in Crime No.40/2025 of respondent- police for the offences punishable under Sections 137(2), 96, 64(2), of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 and Section 5(L) of the Child Marriage Act, 2006. Brief facts of the case: 2. The case of the prosecution is that a missing complaint came to be registered by mother of the victim on 26.03.2025, suspecting involvement of the petitioner in kidnapping the daughter of the complainant. It is further stated that as per the statement of the victim, the petitioner is her maternal uncle. Both were known to each other. The petitioner had married another lady and having a female child. It is further stated that both the victim and the - 3 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 petitioner were talking over phone. The victim was informed that the petitioner had already married another lady. On 24.03.2025 at 2.30 p.m., the victim went to the house of her relative. It is stated that the petitioner took her on his motorcycle and went to Kalyandurga. Thereafter, they went to Guntakal by Bus. From Guntakal, they went to Nizamabad and stayed in the temple premises for four days. After that, they went to Hyderabad, started residing there in a rented house for 3 to 4 days. 3. It is further stated that again they came back to Rayadurga, and it is stated that the petitioner had married the victim. After the marriage, the victim started residing with the petitioner for more than three weeks in a rented house. During those periods, it is alleged that the petitioner committed sexual assaulted on her on several occasions. On 17.05.2025, the victim was traced by the respondent police and she was secured and the accused was arrested by the respondent Police. - 4 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 4. Based on the statement, the respondent-police have included the provisions under Sections 137(2), 96, 64(2) of BNS-2023 and Sections 4 and 6 of the POCSO Act 2012 and Section 5 of Child Marriage Act 2006, after conducting investigation, submitted the charge sheet. 5. Heard Sri B Anwar Basha, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State and Sri Prashanth Mathapati, learned counsel for respondent No.2. 6. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. In fact, the victim is aged about 17 years and 11 months. Her age has not been properly determined in accordance with law. As per the version of the petitioner, the victim had informed the petitioner that she had completed 18 years and voluntarily accompanied the petitioner and went to different places and stayed there for - 5 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 almost 15-20 days without informing anyone or making a complaint to anybody. 7. The petitioner is aged about 25 years and permanent resident of Ballari. Hence, he may be enlarged on bail by imposing suitable conditions, is his submission of learned counsel for the petitioner. 8. Per contra, learned High Court Government Pleader for the state vehemently submitted that the alleged offences are heinous in nature. The petitioner has committed sexual assault on the victim who was minor on the date of incidents. The said stigma will remain as scar in her life. The petitioner knowingly that he has not obtained divorce, induced her and took the victim to different places and committed sexual assault. Therefore, the petition has to be rejected. 9. Similarly, learned counsel for respondent No.2 vehemently opposed the submission of learned counsel for the petitioner and further, adopted the arguments - 6 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 addressed by the learned HCGP and prays to reject the bail petition. 10. Having heard learned counsel for the respective parties and also on perusal of averments of the charge sheet and material on record, the petitioner, being a relative of the victim, he is stated to have proposed her for marriage and in that context, he took her to different places. It is stated that he has married her and committed sexual assault on her on several occasions. 11. Be that as it may, the age of the victim is 17 years and 11 months. Having considered the nature and gravity of the offences, and also the facts and circumstances of the case, without adverting to merits of the case, it is appropriate to grant bail by imposing suitable conditions that will take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i. The petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 ii. The petitioner is ordered to be enlarged on bail in Crime No.40/2025 of respondent-police for the offence punishable under Sections 137(2), 96, 64(2), of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 and Section 5(L) 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. iv. The petitioner shall appear before the Trial Court on all hearing dates without fail. - 8 - HC-KAR NC: 2025:KHC-D:17398 CRL.P No. 104492 of 2025 v. The petitioner shall not involve in 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 ASN/CT: UMD List No.: 2 Sl No.: 17