- 1 - HC-KAR NC: 2026:KHC:16004 CRL.P No. 2627 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2627 OF 2026 (439(Cr.PC) / 483(BNSS)-) BETWEEN: SRI. MURALI AGED ABOUT 26 YEARS, S/O MUNIKADIRAPPA NARASAPURA VILLAGE, KOLAR TALUK AND DISTRICT. 563 133. …PETITIONER (BY SRI. JAGADEESHA K J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HOSAKOTE POLICE STATION. REP BY SPP HIGH COURT BUILDING, BENGALURU-01. 2. SMT. NAGAMMA AGED ABOUT 55 YEARS, Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16004 CRL.P No. 2627 of 2026 W/O MUNISEERAPPA CHIKKATAGGALI VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, …RESPONDENTS (BY SMT ANITHA GIRISH N., HCGP FOR R1 SRI VINAY GOWDA S., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 439 CODE OF CRIMINAL PROCEDURE (FILED U/S 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 IN CRIME NO.321/2025 BY HOSAKOTE POLICE FOR THE OFFENCES P/U/S 5(l), 4(1) AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT ALONGWITH SECTIONS 96, 64(2)(m) OF BNS 2023 R/W SECTION 9 OF CHILD MARRIAGE ACT, PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE AT FTSC-II BENGALURU RURAL DISTRICT, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:16004 CRL.P No. 2627 of 2026 ORAL ORDER 1. The petitioner / accused, is before this Court seeking for grant of regular bail in Crime No.321/2025 registered by the respondent-police for the offences punishable under Sections 5(l), 4(1) and 6 of Protection of Children from Sexual Offences Act along with Sections 96, 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 r/w Section 9 of Child Marriage Act. Brief facts of the case: 2. The case of the prosecution is that the mother of the victim had lodged a complaint on 02.12.2025 stating that her daughter was not found in the house and she is aged about 16 years and 7 months and sought the respondent - police to trace her daughter. Based on the said complaint, the respondent - police conducted the investigation. During investigation, they traced the victim on 09.01.2026. After securing her, her statement has been recorded. 3. The facts of the case have been unfolded in such a way that, the victim was living along with her mother. She studied upto SSLC. Although she had passed her SSLC - 4 - HC-KAR NC: 2026:KHC:16004 CRL.P No. 2627 of 2026 examination, she did not go to college. Prior to three to four months from the date of incident, there was a festival of Gowri Ganesha in her village. At the time of the idol immersion, the petitioner had gone to the village to beat the hand drum. At that time, she became acquainted with the petitioner, and they began talking to each other. As per his instructions, on 01.12.2025, she went with him. It is further stated that the petitioner had tied thali in front of a temple and thereafter, he brought her back to Narasapura. They were staying there together, and it is further stated that the victim informed the petitioner’s parents that she had completed 19 years of age. In fact, the victim had also informed the petitioner that she had completed 19 years of age. Thereafter, it is stated that, he had committed sexual assault on her after the said marriage. The respondent - police after registering the case, conducting the investigation. 4. Heard Sri Jagadeesha K.J., learned counsel for the petitioner, Smt. Anitha Girish N., learned High Court Government Pleader for respondent No.1 – State and - 5 - HC-KAR NC: 2026:KHC:16004 CRL.P No. 2627 of 2026 Sri Vinay Gowda S., learned counsel for the respondent No.2. 5. The submission of the learned counsel for the petitioner is that petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the victim has misguided the petitioner that she had completed 19 years and eloped along with him and married him. After the marriage, it is alleged that he had committed sexual assault on her. The petitioner is the earning member of the family and has to take care of his aged parents. If the petitioner is enlarged on bail, he will abide the conditions imposed by this Court. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for the respondent No.1 – State vehemently submitted that the petitioner has committed heinous offence against the victim, who is a minor. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. - 6 - HC-KAR NC: 2026:KHC:16004 CRL.P No. 2627 of 2026 7. Learned counsel for the respondent No.2 adopted the arguments of learned High Court Government Pleader and prays to reject the petition. 8. Having heard the learned counsel for the respective parties and perused averments of the complaint and statement of the victim, it appears that the petitioner had gone to the victim’s village to beat the hand drum on the occasion of the Lord Ganesh idol immersion. At that time, she got acquainted with the petitioner, and both developed intimacy. On account of the said intimacy, it is stated that she had eloped with the petitioner and marred him. After the marriage, the petitioner took her to his house and introduced her to his parents. The victim informed the petitioner’s parents that she was 19 years of age and had voluntarily married the petitioner. Having considered the said aspect, it is appropriate to grant bail. 9. Hence, I proceed to pass the following:- ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.321/2025 - 7 - HC-KAR NC: 2026:KHC:16004 CRL.P No. 2627 of 2026 registered by the respondent-police for the offences stated supra, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) 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. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case 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 Bss List No.: 1 Sl No.: 45