- 1 - HC-KAR NC: 2025:KHC:36092 CRL.P No. 12285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12285 OF 2025 BETWEEN: AKASH S.B. AGED ABOUT 21 YEARS, S/O SHIVAKUMAR, R/A BAGANAKATTE VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA-577 201. …PETITIONER (BY SMT. SHRUTHI S.P., ADVOCATE) AND: 1. STATE BY SHIKARIPURA RURAL POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE-560 001. 2. GUTHYAPPA S/O RAMAPPA, AGED ABOUT 41 YEARS, R/A PUNADENAHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577 201. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; SRI. VINAY KEERTHY M. AND RAVI N. NAIK, ADVOCATES FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36092 CRL.P No. 12285 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL IN CR.NO.115/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 87, 137, 64 OF BNS & SEC. 6 OF POCSO ACT AND ALSO FOR THE OFFENCE PUNISHABLE UNDER SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT, PENDING BEFORE THE ADDL. DISTRICT JUDGE, FTSC-1 (POCSO), SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is an accused in Cr.No.115/2025 of Shikaripura Rural Police Station, Shivamogga, registered for the offence punishable under Section 137(2) of BNS, 2023. 2. Initially, a missing complaint was lodged by victim’s father on 31.3.2025 alleging that his minor daughter, aged about 17 years 8 months, who went out of the house on 30.3.2025 at about 11.30 a.m., to bring some clothes did not return and her mobile phone was switched off. After the victim was traced on 4.7.2025, her statement was recorded by the police as well as by the - 3 - HC-KAR NC: 2025:KHC:36092 CRL.P No. 12285 of 2025 learned Magistrate. She was subjected to medical examination, which revealed she was pregnant. Accused was arrested on 4.7.2025 and since then, he is in judicial custody. 3. It is the case of prosecution that, accused by inducing the victim kidnapped and married her and committed penetrative sexual assault against her, leading to her pregnancy and thereby committed the offences chargesheeted against him. 4. The defacto complainant-victim as well as mother of the accused are present before the Court. 5. Learned counsel appearing for respondent No.2-defacto complainant submits that the victim has no objection to enlarge the accused on bail. 6. The learned Addl. SPP contended that as per school records, victim’s date of birth is 8.8.2007 and therefore, she was a minor as on the date of commission - 4 - HC-KAR NC: 2025:KHC:36092 CRL.P No. 12285 of 2025 of the offence. She contended that the medical report clearly reveal that the victim is pregnant and in view of her statement given under Section 183 of BNSS, there is a prima facie case against the accused. 7. Learned counsel for the petitioner has disputed the date of birth mentioned in the Certificate issued by the Head Master of the school. She contended that except the said letter issued by the Head Master, there is no other material placed to prove the victim’s age. 8. The prosecution is placing reliance on the school records to prove the age of the victim. In the certificate issued by the Head Master of the Higher Primary School, Punedahalli, Shikaripura, the date of birth of the victim is mentioned as 8.8.2007. If the same is accepted as the correct date of birth, victim was aged about 17 years 8 months as the accused is alleged to have married her on 30.3.2025. However, it is a matter for trial. Prosecution has to establish that the victim was a minor as - 5 - HC-KAR NC: 2025:KHC:36092 CRL.P No. 12285 of 2025 on the date of commission of the offence. Petitioner has been in judicial custody since 4.7.2025. Investigation is completed and chargesheet is filed. Statement of the victim is already recorded under Section 183 of BNSS. 9. In the facts and circumstances, by imposing conditions, the relief sought by the petitioner can be granted. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused in Crime No.115/2025 of Shikaripura Rural Police Station, Shivamogga, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:36092 CRL.P No. 12285 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 39