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2026 DAILYLAW 32408 (KAR)

CHANDAN v. THE STATE OF KARNATAKA

CRL.P/10639/2026 · 2026-08-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010492852026 NC: 2026:KHC:44169 CRL.P No. 10639 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10639 OF 2026 BETWEEN: CHANDAN S/O. JAYARAM AGED ABOUT 23 YEARS R/AT NO. 172, 8TH CROSS BHAKSHI GARDEN, COTTONPETE BENGALURU CITY 560 053. …PETITIONER (BY SRI CHANDRAPPA K N., ADV.) AND: 1. THE STATE OF KARNATAKA THYAMAGONDLU P.S BANGALORE RURAL REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. 2. SMT LAKSHMI W/O SRINIVASA AGED ABOUT 39 YEARS, R/AT OB CHUDAHALLI VILLAGE NEAR HEART OF LIVING KAGGALIPURA HOBLI KANAKAPURA TALUK BANGALORE SOUTH 560 082. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; NOTICE OF SERVICE TO R-2 H/S) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF BHARATIYA NAGARIKA SURAKSHA SANHITHA FOR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010492852026 NC: 2026:KHC:44169 CRL.P No. 10639 of 2026 THE OFFENCE PUNISHABLE UNDER SECTION 137 (2) OF BNS AND SECTION 12 OF POCSO ACT AND SECTION 9, AND 11 OF CHILD MARRIAGE ACT IN CRIME NO. 46/2026 OF THYAMAGONDLU POLICE STATION PENDING ON THE FILE OF FTSC - I AT BENGALURU RURAL IN THE ABOVE CASE. 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 Crime No.46/2026 registered by Thyamagondalu Police Station, Bengaluru District, for the offences punishable under Sections 137(2) of BNS, 2023, Section 12 of the POCSO Act, 2012 and Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court. - 3 - HC-KAR CNR: KAHC010492852026 NC: 2026:KHC:44169 CRL.P No. 10639 of 2026 3. FIR in Crime No.46/2026 was registered by Thyamagondalu Police Station, Bengaluru District, for the offence punishable under Section 137(2) of BNS, 2023, against the petitioner herein based on the first information dated 17.05.2026 received from the victim girl aged 17 years. During the course of investigation, petitioner was arrested on 20.05.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1344/2026 was rejected on 13.07.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that victim girl, who was studying in II PUC was found missing on 16.05.2026. Efforts made to trace her had failed and therefore, her mother had approached the police. During the course of investigation, petitioner and the victim girl were traced together. Statement of the victim girl under Section 183 of BNSS, 2023, has been recorded in the present case by the Court of jurisdictional Magistrate, in which victim girl has stated that she is in love with the petitioner and on 16.05.2026, she had voluntarily accompanied him since her parents were trying - 4 - HC-KAR CNR: KAHC010492852026 NC: 2026:KHC:44169 CRL.P No. 10639 of 2026 to get her married to some other boy. She has also stated that she and the petitioner thereafter went to Chamundi Hills at Mysuru and got married. Petitioner aged 23 years is in custody from 20.05.2026. Investigation of the case is completed and charge sheet is filed. Accordingly, the following order:- 5. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.46/2026 registered by Thyamagondalu Police Station, Bengaluru District, for the offences punishable under Sections 137(2) of BNS, 2023, Section 12 of the POCSO Act, 2012 and Sections 9 and 11 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions: a) Petitioner shall execute a 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; - 5 - HC-KAR CNR: KAHC010492852026 NC: 2026:KHC:44169 CRL.P No. 10639 of 2026 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; Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 78