- 1 - HC-KAR NC: 2026:KHC:30530 CRL.P No. 874 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 874 OF 2026 BETWEEN: SRI PALESHA @ PALAIAH S/O SRI OBAIAH AGED ABOUT 23 YEARS RESIDING AT MYSARAHATTI MATHIGARAHALLI MOLAKALMURU CHITRADURGA - 577 535. …PETITIONER (BY SRI N.G. DEVISREE, ADV.) AND: 1. STATE OF KARNATAKA BY MOLAKALMURU POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KRNATAKA, BENGALURU. 2. XXX …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; VIDE ORDER DATED 16.06.2026 NOTICE TO R-2 IS HELD SUFFICIENT) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS CRL.P AND GRANT ANTICIPATORY BAIL AND THEREBY DIRECT THE RESPONDENT POLICE, IN THE EVENT OF ARREST, TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.200/2025, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA, VIDE ANNEXURE-A, REGISTERED BY THE MOLAKALMURU POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64 AND 78 OF THE BHARATIYA NYAYA SANHITA, 2023 AND SECTIONS 4, 6, 8 AND 12 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30530 CRL.P No. 874 of 2026 ACT, 2012 AND UNDER SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 SEXUAL OFFENCES ACT, 2012. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Section 482 of BNSS, 2023, is filed by the accused in Crime No.200/2025 registered by Molakalmuru Police Station, Chitradurga District, for the offences punishable under Sections 64 and 78 of BNS, 2023, Sections 4, 6, 8 and 12 of the Protection of Children from Sexual offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent - State. Respondent No.2, who is served in the matter, has remained unrepresented before this Court. 3. FIR in Crime No.200/2025 was registered by Molakalmuru Police Station, Chitradurga, for the aforesaid offences against the petitioner herein based on the first information dated 31.10.2025, received from respondent No.2, who is the mother - 3 - HC-KAR NC: 2026:KHC:30530 CRL.P No. 874 of 2026 of the victim girl, who was then aged about 17 years. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.1384/2025 before the jurisdictional Sessions Court which was rejected on 17.12.2025. Therefore, he is before this Court. 4. In the first information which is submitted by the mother of the victim girl, she has stated that petitioner and her minor daughter were talking to each other over phone and therefore, her relatives had advised the petitioner. On 20.10.2025, petitioner married the victim girl by tying Mangalsutra to her and thereafter on 21.10.2025, he allegedly took her with him to his house and on 22.10.2025, first informant's daughter had returned home and informed first informant that petitioner had sexual intercourse with her. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. Investigation of the case is completed and charge sheet has been filed. 5. The charge sheet material would go to show that victim has not consented for her medical examination. Statement of the victim girl under Section 183 of BNSS, 2023, was recorded - 4 - HC-KAR NC: 2026:KHC:30530 CRL.P No. 874 of 2026 in the present case on 11.12.2025 by the jurisdictional Court of Magistrate. Even in the said statement, she has only stated that she had gone along with the petitioner with whom she was in love and except that, she has not made any allegations which would prima facie attract the offences punishable under the POCSO Act against the petitioner. Considering the aforesaid aspects of the matter and also taking into consideration the age of the petitioner and the alleged victim, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 6. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.200/2025 registered by Molakalmuru Police Station, Chitradurga District, for the offences punishable under Sections 64 and 78 of BNS, 2023, Sections 4, 6, 8 and 12 of the Protection of Children from Sexual offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: - 5 - HC-KAR NC: 2026:KHC:30530 CRL.P No. 874 of 2026 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 57