- 1 - HC-KAR NC: 2026:KHC:34791 CRL.P No. 6846 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6846 OF 2026 BETWEEN: SURESHA D S/O DUGGAPPA AGED ABOUT 26 YEARS R/AT. BHOVI COLONY METIKURKE VILLAGE, AND POST, HIRIYUR TALUK CHITRADURGA DISTRICT - 577 599. …PETITIONER (BY SRI G.S. MURALIDHARA, ADV.) AND: 1. STATE BY HIRIYUR RURAL POLICE STATION HIRIYUR RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. DR. KAVITHA AGED ABOUT 37 YEARS PRIMARY HEALTH CENTER GUYILALU, HIRIYUR TALUK CHITRADURGA DISTRICT - 577 599. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1; R-2 DR. KAVITHA SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER / ACCUSED ON ANTICIPATORY BAIL IN FIR IN CR.NO.364/2025 FOR THE OFFENCE P/U/S 64(2)(m) OF BNS AND SEC.4,6 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT, BY THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34791 CRL.P No. 6846 of 2026 HIRIYUR RURAL P.S AGAINST THE PETITIONER IS CONCERNED PENDING BEFORE THE LEARNED SPL.,2ND ADDL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA. 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 in Special C.C.No.204 of 2025 pending before the Court of II Additional District and Session Judge and Special Judge, Chitradurga arising out of Crime No.364 of 2025 registered by Hiriyuru Rural Police Station, Chitradurga District, for offences punishable under Section 64(2)(m) of BNS, 2023 Sections 4 & 6 of POCSO Act, 2012 and Section 9 of Child Marriage Restraint Act, is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor on behalf of respondent no.1. Respondent No.2 who was served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.364 of 25 was registered by Hiriyuru Rural Police Station for the aforesaid offences against - 3 - HC-KAR NC: 2026:KHC:34791 CRL.P No. 6846 of 2026 the petitioner herein, based on the first information dated 04.10.2025 received from Smt. Kavitha D, Medical Officer, attached to Primary Health Centre, Guyilalu village, Hiriyuru Taluk, Chitradruga District. Apprehending arrest in the said case, petitioner has filed Crl.Misc.No.1402 of 2025 before the jurisdictional Sessions Court which was rejected on 05.12.2025. Therefore, he is before this Court. 4. The first information in the present case was registered against the petitioner, based on the report submitted by the Medical Officer of the Primary Health Centre where the victim girl had gone for her medical check-up. During the course of investigation, statement of the victim girl under Section 161 of Cr.P.C, as well as under Section 164 of Cr.P.C, was recorded wherein she has stated that, she and the petitioner are in love and since her parents had decided to perform her marriage with some other boy, she had willingly accompanied the petitioner and got married. She has stated that her date of birth is 19.06.2007 and her marriage was performed on 25.06.2025 and as on that day she had completed 18 years of age. - 4 - HC-KAR NC: 2026:KHC:34791 CRL.P No. 6846 of 2026 5. Learned Additional State Public Prosecutor has fairly submitted that victim has not made any serious allegation against the petitioner in her statement recorded under Section 164 of Cr.P.C, before the Court of jurisdictional Magistrate. It appears that the victim was found to be pregnant when the FIR was registered against the petitioner. 6. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. 7. Accordingly, the following :- ORDER The Criminal 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 Special C.C.No.204 of 2025 pending before the Court of II Additional District and Session Judge and Special Judge, Chitradurga arising out of Crime No.364 of 2025 registered by Hiriyuru Rural Police Station, Chitradurga District, for offences punishable under Section 64(2)(m) of BNS, 2023 - 5 - HC-KAR NC: 2026:KHC:34791 CRL.P No. 6846 of 2026 Sections 4 & 6 of POCSO Act, 2012 and Section 9 of Child Marriage Restraint Act,, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing 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 investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness 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 NMS List No.: 1 Sl No.: 53