- 1 - HC-KAR NC: 2025:KHC:53892 CRL.P No. 15849 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15849 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: 1. LOHITH @ LOKESH S/O RAMACHANDRA, AGE ABOUT 27 YEARS, R/A #45, CHIKKAPADMAGATTA, PADMAGHATTA, KOLAR, KARNATAKA-563 132. (ADRESS AS PER ADHARCARD) …PETITIONER (BY SRI.MOHAMMED PASHA C., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY NANGALI POLICE STATION, REP BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001. 2. THULASI RAMA, S/O CHINNAIAH MANDARI, AGE ABOUT 49 YEARS, R/A CHIKKAPADMAGHATTA, KOLAR, PADMAGHATTA, KARNATAKA-563 132. [VICTIM FATHER]. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA., HCGP FOR R1 SRI.LOHITASWA BANAKAR., ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53892 CRL.P No. 15849 of 2025 THIS CRIMINAL PETITION FILED UNDER SECTION 439 CR.P.C. (FILED UNDER SECTION 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN VIDE SPL.C (POCSO).NO.183/2024 AND IN C.R.NO.116/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2) AND 64(2) OF BNS, 2023, UNDER SECTION 6 OF POCSO ACT, 2012 AND UNDER SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT PENDING THE FILE BEFORE HON'BLE ADDL. DISTRICT & SESSIONS JUDGE, FTSC-1(POCSO) AT KOLAR, AGAINST THE PETITIONER TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharathiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Spl.C (POCSO) No.183/2024 (Crime No.116/2024 of Nangli Police Station) registered for the offence punishable under Sections 137(2) and 64(2) of BNS, 2023, Section 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, pending on the file of the learned Additional District and Sessions Judge, FTSC-1 (POCSO) at Kolar. - 3 - HC-KAR NC: 2025:KHC:53892 CRL.P No. 15849 of 2025 2. Heard the learned counsel for the petitioner, learned counsel for the respondent No.2 and the learned High Court Government Pleader for the respondent No.1/State. 3. The learned counsel for the petitioner would contend that, there was love affair between the petitioner and the victim girl. The victim girl has shown her Adharcard therein the year of birth is mentioned as year 2006. Considering the said aspect, the petitioner has married the victim girl and led marital life. Due to the said marital life, the victim girl became pregnant. The father of victim girl was not happy with the said marriage, and at his instance, a false complaint has been filed against the petitioner. The victim girl in the history before the doctor has stated that she was in love affair with the petitioner since one year, and she had physical contact with him. The petitioner is also examined and trial is in progress. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2025:KHC:53892 CRL.P No. 15849 of 2025 4. Per contra, the learned High Court Government Pleader for the respondent No.1/State would contend that the victim girl was aged 17 years 5 months 18 days as on the date of incident, and the date of birth is 4.3.2007. The statement of the victim girl has been recorded under Section 183 of BNSS, 2023, wherein she has specifically stated the acts of this petitioner having sexual intercourse on her. The DNA test of foetus indicates that the petitioner is the biological father and victim girl is biological mother. The trial is in progress. With this, he prayed for rejection of the petition. 5. The learned counsel for the respondent No.2 would contend that merely because there was love affair is not a ground to grant of bail. He placed reliance on orders of this Court and also the Hon'ble Supreme Court. With this, he prayed to reject the petition. He further submits that the parents of the petitioner are not ready for marriage of victim girl with the petitioner. - 5 - HC-KAR NC: 2025:KHC:53892 CRL.P No. 15849 of 2025 6. Having heard the learned counsel, the Court has perused the charge sheet and other material placed on record. 7. As per the case of prosecution that the date of birth of the victim girl is 04.03.2007. Exhibit-D3/Adhar card of the victim girl indicates the birth year as 2006. It is submitted that believing the said the petitioner who is having love affair with the victim girl has married her as she has completed 18 years as on the date of their marriage and led marital life. The victim girl at the time of her examination by the doctor in the history has stated the love affair with the petitioner since last one year, and she had physical contact with the petitioner. Considering the Adhar Card and school record, there is contradiction with regard to the year of birth of the victim girl. At this stage, it cannot be said that the victim girl was minor as on the date of offence. The same can be considered at the time of trial. The petitioner is in judicial custody since - 6 - HC-KAR NC: 2025:KHC:53892 CRL.P No. 15849 of 2025 18.09.2024. The victim girl has already been examined. The petitioner is not having criminal antecedent. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Spl.C (POCSO) No.183/2024 (Crime No.116/2024 of Nangli Police Station) registered for the offence punishable under Sections 137(2) and 6492) of BNS, 2023 Section 6 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, pending on the file of the learned Additional District and Sessions Judge, FTSC-1 (POCSO) at Kolar subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.One lakh with one surety for the like sum to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2025:KHC:53892 CRL.P No. 15849 of 2025 b) The petitioner shall tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 8