- 1 - HC-KAR NC: 2025:KHC:43824 CRL.P No. 13598 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13598 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI REEYAZ AYUB INDIKAR S/O AYUB INDIKAR AGED ABOUT 30 YEARS R/O AGARKHED ROAD BAGALI PLOT INDI INDI TALUK BIJAPUR (VIJAYAPURA) DISTRICT PIN - 586 209. …PETITIONER (BY SRI VEERESH MAHANTHAPPA, ADVOCATE) AND: 1. STATE BY WOMEN POLICE STATION TUMAKURU REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE -560 001. 2. RAUNAQ KHANUM INDIKAR (VICTIM GIRL) D/O SAMIULLA KHAN W/O RIYAZ AYUB INDIKAR AGED ABOUT 24 YEARS R/AT 2ND CROSS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43824 CRL.P No. 13598 of 2025 NAZARABAD, TUMAKURU TOWN TUMAKURU PIN -572 101. …RESPONDENTS (BY SMT. PUSHPALATHA B, ADDL. SPP FOR R1 R2 IS SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH REGISTERED RESPONDENT WOMEN POLICE TUMAKURU IN CR.No.158/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376,465,506 R/W 34 OF IPC, U/S 6 OF POCSO ACT, 2012, UNDER SECTION 9 OF THE CHILD MARRIAGE RESTRAINT ACT AND ON FILE OF CRIMINAL PETITION IS FILED BEING AGGRIEVED BY ORDER DTD 16.09.2025 PASSED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, (FTSC-1) TUMAKURU IN CRL.MISC.No.1261/2025. 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 the petitioner -accused No.1 praying to grant of bail in Crime No.158/2025 of Tumakuru Women Police Station registered for offences punishable under Sections 376, 465, 506 read with Section 34 of IPC, Section 06 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Child Marriage Restraint Act. - 3 - HC-KAR NC: 2025:KHC:43824 CRL.P No. 13598 of 2025 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent No.1 -State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for the petitioner would contend that the petitioner is the husband of the victim and their marriage has taken place on 24.12.2017 as per their customs. The victim lead marital life with the petitioner and gave birth to a female child. As per documents, the victim was aged 18 years as on the date of marriage. There is a false allegation against the petitioner of harassing the victim and demanding dowry. The victim is the wife of this petitioner and allegations of sexual assault etc., are false. The charge sheet is filed and therefore, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional SPP for respondent No.1 –State would contend that the petitioner suppressing his earlier marriage has married this victim by - 4 - HC-KAR NC: 2025:KHC:43824 CRL.P No. 13598 of 2025 creating a document to show that she is aged 18 years. After marriage petitioner and his family members started demanding dowry and harassing the victim. They are eye witnesses to the incident. The petitioner was aware that victim was minor as on the date of his marriage with her. The offences alleged against the petitioner are heinous offences. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. If the petitioner is granted bail, there is a threat to victim and other prosecution witnesses. With these, she prays to reject the petitioner. 5. Having heard learned counsels, the Court has perused charge sheet and other materials placed on record. 6. The marriage of the petitioner and the victim has taken place on 24.12.2017 as per their caste customs. The victim girl lead marital life with the petitioner and she gave birth to a female child. As per prosecution case, the victim's age at the time of her marriage was 17 years 11 - 5 - HC-KAR NC: 2025:KHC:43824 CRL.P No. 13598 of 2025 months 02 days. The allegation against the petitioner is that he created document to show that victim was aged 18 years as on the date of marriage. The other allegation against the petitioner is that he demanding dowry harassed the victim. The petitioner is in judicial custody since 26.08.2025 and as the charge sheet is filed, this petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to appear before the trial Court on all dates hearing and abide by any terms and conditions to be imposed by this Court. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:43824 CRL.P No. 13598 of 2025 ii) The petitioner is granted bail in Crime No.158/2025 of Tumakuru Women Police Station subject to following conditions; a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum of to the satisfaction of the trial Court; b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 18 Ct.sm