- 1 - HC-KAR NC: 2025:KHC:26808 CRL.P No. 8521 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8521 OF 2025 BETWEEN: SRI PRADEEPA AGED ABOUT 28 YEARS S/O SRI NARAYANASWAMY R/AT RAYADURGAPALLI VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT - 561 207. …PETITIONER (BY SRI PALLAVA R, ADV.) AND: 1. THE STATE OF KARNATAKA BY SHO, BAGEPALLI P.S BAGEPALLI TOWN CHIKKABALLAPURA DIST., REP. BY THE LEARNED SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SMT. ANASUBAYI AGED ABOUT 48 YEARS W/O. DATTU CHAVANA WORKING AS LADY SUPERINTENDENT OFFICE OF THE CHILD DEVELOPMENT PROJECT OFFICER(CDPO) BAGEPALLI, BAGEPALLI TOWN, CHIKKABALLAPURA DISTRICT - 561 207. 3. XXX XXX …RESPONDENTS (BY SMT. ASMA KAUSER, ADDL. SPP FOR R-1; Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26808 CRL.P No. 8521 of 2025 R-2 SERVED, MS. LAVANYA S, ADV., FOR R-3) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER /ACCUSED NO.1 ON THE REGULAR BAIL IN CONNECTION WITH CRIME NO.338/2022 REGISTERED BY THE BAGEPALLI POLICE STATION AND LATER CHARGE SHEETED FOR THE OFFENCE P/US/ 376(3) OF IPC SEC.4,6 OF POCSO ACT 2012 AND SEC.9,10,11 OF THE PROHIBITION OF THE CHILD MARRIAGE ACT, 2006 ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC (POCSO) CHIKKABALLAPURA. 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 in Spl.S.C.No.102/2022 pending before the Court of Addl. District & Sessions Judge-FTSC-1(POCSO), Chikkaballapura, arising out of Crime No.338/2022 registered by Bagepalli Police Station, Chikkaballapura District for the offences punishable under Sections 376(3) of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. - 3 - HC-KAR NC: 2025:KHC:26808 CRL.P No. 8521 of 2025 3. FIR in Crime No.338/2022 was registered by Bagepalli Police Station, Chikkaballapura District against the petitioner and others for the aforesaid offences, on the basis of first information dated 06.07.2023 received from respondent No.2 herein who was working as Superintendent in the office CDOP, Bagepalli. During the course of investigation, the petitioner was arrested on 14.07.2022 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against the petitioner and others for the aforesaid offences. The bail application filed by the petitioner before the trial Court was rejected. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the marriage of the petitioner with the victim girl was performed by elders of both the parties. The victim girl who is now examined as PW.2 has not supported the case of the prosecution. As on this date, all material charge - 4 - HC-KAR NC: 2025:KHC:26808 CRL.P No. 8521 of 2025 sheet witnesses have been already examined. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP for respondent Nos.1 and 2 has opposed the petition on the ground that victim girl is a minor and she has given birth to a child. Accordingly, she prays to dismiss the petition. 6. Learned counsel appearing for respondent No.3 - victim submitted that she has no objection to allow the petition. 7. The first information was submitted by respondent No.,2 based on the information received from the medical officer of local government hospital that the victim girl, who was a minor was pregnant and she was married to the petitioner. It is under this circumstance, FIR was registered against the petitioner and his relatives. During the course of investigation, the petitioner was arrested on 14.07.2022 and ever since then he is in judicial custody. The victim girl, who has been examined before the Trial Court as PW.2 has not supported the case - 5 - HC-KAR NC: 2025:KHC:26808 CRL.P No. 8521 of 2025 of the prosecution and therefore she has been treated as hostile witness. Out of the 24 charge sheet witnesses cited in the present case till date 10 charge sheet witnesses have been examined. The material on record would go to show that, all the material charge sheet witnesses have been already examined in the present and therefore there cannot be any apprehension that the petitioner may tamper with the material charge sheet witnesses. 8. The petitioner who has no other criminal antecedents is in custody from 14.07.2022 and since the trial is still under progress the chances of the case being disposed of in the near soon is very remote. Therefore, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. 9. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC:26808 CRL.P No. 8521 of 2025 ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.No.102/2022 pending before the Court of Addl. District & Sessions Judge-FTSC-1(POCSO), Chikkaballapura, arising out of Crime No.338/2022 registered by Bagepalli Police Station, Chikkaballapura District for the offences punishable under Sections 376(3) of IPC, Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 & 11 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two 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 - 7 - HC-KAR NC: 2025:KHC:26808 CRL.P No. 8521 of 2025 unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS