- 1 - HC-KAR NC: 2026:KHC:35717 CRL.P No. 8165 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8165 OF 2026 BETWEEN: APPU M. @ LAWRENCE S/O. LATE. MUNISWAMY AGED ABOUT 27 YEARS, R/O AT NO: 3097, 2ND FLOOR, 1ST MAIN ROAD, GAYATHRINAGAR, NEAR CHIKKARAMA TEMPLE, SUBRAMANYANAGAR, BENGALURU-560021 …PETITIONER (BY SRI. PRASANNA RAO R., ADVOCATE) AND: 1. STATE BY SAMPANGIRAMANAGAR P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -560001 2. SMT.RAKESH PRIYA W/O VIJAY KUMAR, AGED ABOUT 34 YEARS, R/ AT HOUSE NO:SHANTI NAGAR, WILSON GARDEN, BENGALURU-560027 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R-1 R2 IS SERVED) Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35717 CRL.P No. 8165 of 2026 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE CR.NO.45/2026 REGISTERED BY THE SAMPANGIRAMANAGAR P.S. FOR THE ALLEGED OFFENCES P/U/S 64 OF BNS ACT 2023 AND U/S 6 OF POCSO ACT, 2012 AND U/S 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, PENDING BEFORE THE HONBLE COURT OF ADDL. CITY CIVIL AND SESSIONS JUDGE, (FTSC-IV) BANGALORE 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 Accused No.1 in Crime No.45/2026 registered by Sampangiramanagar Police Station, Bengaluru city for the offences punishable under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section 64 of The Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking regular bail. 2. Heard the learned counsel appearing for the petitioner and learned High Court Government Pleader on behalf of respondent No.1. - 3 - HC-KAR NC: 2026:KHC:35717 CRL.P No. 8165 of 2026 3. FIR in Crime No.45/2026 was registered by Sampangiramanagar Police Station, Bengaluru city for the aforesaid offences against the petitioner-accused based on the first information dated 06.05.2026 received from the alleged victim, who was aged 17 years and 9 months as on the date of incident. In the said case, the petitioner was arrested on 07.05.2026 and remanded to judicial custody. 4. The bail application filed by the petitioner before the Trial Court in Crl.Misc.No.4848/2026 was dismissed on 05.06.2026. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents and marriage of the petitioner and the victim girl was performed by the parents and relatives of both the parties. It is only when the victim had gone to the hospital for medical check-up she was taken to the Police Station by the staff of the Hospital and case was registered against the petitioner. It was stated by the family of the victim that the victim had already attained 18 years of marriage and therefore the marriage between the petitioner - 4 - HC-KAR NC: 2026:KHC:35717 CRL.P No. 8165 of 2026 and the victim was performed. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader after receiving instructions from the victim and her grandmother who are present before this Court submits that victim and her family members have no objection for granting bail to the petitioner. He submits that victim parents have been separated. It is under this circumstance, the marriage of the victim was performed with the petitioner. Mother of the victim is arrayed as accused No.2 in the present case. The victim and her grandmother who are present before this Court submits that the petitioner was the sole bread earner of the family and pregnancy of the victim was aborted due to medical conditions and there is nobody to take care of the victim and accordingly prays to allow the petition. 7. Material on record would go to show that marriage of the petitioner with the alleged victim was performed by the elders and parents of both the parties. Only after the victim had gone to the Hospital for her medical check-up, on verification of her date of birth, Hospital authorities had taken her to Police - 5 - HC-KAR NC: 2026:KHC:35717 CRL.P No. 8165 of 2026 Station and FIR came to be registered against the petitioner for the aforesaid offences. In the said case, even the mother of the victim is arrayed as accused. It is brought to the notice of this Court that parents of the victim are separated and it is under this circumstance, the marriage of the victim was performed with the petitioner. 8. Considering the aforesaid aspects of the matter and also the submissions made by the parties who are present before this Court, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular has to be answered in the affirmative. 9. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.45/2026 registered by Sampangiramanagar Police Station, Bengaluru city for the offences punishable under Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, - 6 - HC-KAR NC: 2026:KHC:35717 CRL.P No. 8165 of 2026 Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section 64 of The Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates 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; 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 off. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 79