- 1 - HC-KAR NC: 2026:KHC:31370 CRL.P No. 5600 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5600 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: MR. ABDUL HUSSAIN S/O HASAN RAJA, AGED ABOUT 21 YEARS, R/AT 91, 1ST FLOOR, SOUTH CROSS, 1ST CROSS, NEELASANDRA BENGALURU-560 047. …PETITIONER (BY SRI. K.V. SATEESHCHANDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ASHOK NAGAR POLICE STATION BENGALURU CITY-560 001 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. MR. PUNDALIK GOVERNMENT OFFICIAL NON GAZETTED CHILD WELFARE, DISTRICT CHILD HELPLINE BENGALURU CENTRAL BENGALURU-560 001. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1; VIDE ORDER DATED 24.06.2026 R-2 IS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31370 CRL.P No. 5600 of 2026 HELD SUFFICIENT) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.2843/2025 REGISTERED BY ASHOKNAGAR POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 5(L), 5(J)(II), AND 6 OF POCSO ACT, 2012, AND SECTION 64(2)(m) OF BNS, 2023, PENDING BEFORE THE COURT OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-IV, BENGALURU AND DIRECT THE PETITIONER BE RELEASE ON BAIL AND ETC. 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. Accused No.1 in Special Case No.2843/2025, pending before the Court of Prl. City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.305/2025 registered by Ashoknagar Police Station, Bengaluru for offences punishable under Sections 64(2) (m) of BNS, 2023, Section 5(l), 5(j)(ii), and 6 of Protection of Children From Sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 9 and 10 of Child Marriage Restraint Act, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. - 3 - HC-KAR NC: 2026:KHC:31370 CRL.P No. 5600 of 2026 2. Heard learned counsel for the petitioner and learned HCGP on behalf of the State. Respondent No.2 who served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.305/2025 was registered in Ashoknagar Police Station, initially for offences punishable under Sections 9, 10 and 11 of the Child Marriage Restraint Act, against unknown persons based on the first information dated 29.09.2025, received from respondent No.2 who was working as a staff in Children's Helpline at Bengaluru. In the said case, petitioner herein was arrested on 02.10.2025 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the trial Court in Crime No. 11522/2025 was rejected on 17.01.2025. Therefore, he is before this Court. 4. In the first information, it is stated that after receipt of credible information about the marriage of the victim girl, who was aged about 16 years, the first informant allegedly had held an inquiry and after ascertaining that marriage of the victim girl - 4 - HC-KAR NC: 2026:KHC:31370 CRL.P No. 5600 of 2026 was performed when she was a minor, FIR in Crime No.305/2025 was registered against unknown persons by Ashok Nagar Police Station for offences punishable under the Provisions of Child Marriage Restraint Act. 5. During the course of investigation, petitioner herein was arrested on 02.10.2025. After completing investigation charge sheet has been filed against the petitioner, his parents and also the parents of the victim. In the charge sheet, it is alleged that family members of the petitioner and the victim were known to each other. Hence, the petitioner and the victim girl got acquainted to each other and subsequently they also started loving each other. It appears that they had consensual sex and the victim girl became pregnant. After the family members of the petitioner and the victim girl came to know about the same, they decided to perform the marriage of the petitioner and on 12.09.2025, they had met the Moulvi of the local masjid and had performed a ceremony known as 'Safa'. It appears that they had decided to perform the marriage of the petitioner with the victim girl after she attains 18 years of age. - 5 - HC-KAR NC: 2026:KHC:31370 CRL.P No. 5600 of 2026 6. The victim girl who was pregnant had refused to terminate her pregnancy and she has now given birth to a child. In her statement recorded under Section 183 of BNSS 2023, by the jurisdictional Court, victim girl has stated that she is in love with the petitioner and she intends to marry him after she attains the age of 18 years. She has not made any serious allegation as against the petitioner in this aspect. On the other hand, she has said that she wants to live with him along with her baby. Investigation of case is completed and charge sheet has been filed. It appears that the trial Court has also framed charges against the accused persons and allegations found in the charge sheet are required to be proved in a full-fledged trial. Petitioner aged 21 years having no criminal antecedents, is in custody from 02.10.2025. 7. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, his prayer for grant of regular bail needs to be answered affirmatively. 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.2843/2025, pending before - 6 - HC-KAR NC: 2026:KHC:31370 CRL.P No. 5600 of 2026 the Court of Prl. City Civil and Sessions Judge, FTSC-IV, Bengaluru, arising out of Crime No.305/2025 registered by Ashoknagar Police Station, Bengaluru for offences punishable under Sections 64(2) (m) of BNS, 2023, Section 5(l), 5(j)(ii), and 6 of Protection of Children From Sexual Offences Act, 2012 (for short 'POCSO Act') and Sections 9 and 10 of Child Marriage Restraint Act, 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 date of hearing before the Trial Court 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 involve in similar offences in future; - 7 - HC-KAR NC: 2026:KHC:31370 CRL.P No. 5600 of 2026 e) 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 of. Sd/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 55