- 1 - HC-KAR CNR: KAHC010486212026 NC: 2026:KHC:45272 CRL.P No. 10564 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10564 OF 2026 BETWEEN: PAWAN S/O PRAHLAD AGED ABOUT 28 YEARS PRESENT ADDRESS R/AT NO. 84/11, SHANKARAPPA INDUSTRIAL AREA, SUNKADAKATTE BENGALURU CITY, KARNATAKA - 560 091 PRESENT ADDRESS R/AT DHAMARAJ VILLAGE MUDERA POST OFFICE DHAMARAJ VILLAGE, BALLIA UTTAR PRADESH STATE - 221 712. …PETITIONER (BY SRI NATARAJ D, ADV.) AND: 1. STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR OFF/AT HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. XXX …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1; SRI GOKUL H.R, ADV., FOR R-2) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.NO.2424/2025 AND CRIME NO.459/2025 OF KAMAKSHIPALYA POLICE STATION, BENGALURU CITY, NOW PENDING IN BEFORE THE HONBLE ADDL CITY CIVIL AND SESSIONS JUDGE, FTSC V Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010486212026 NC: 2026:KHC:45272 CRL.P No. 10564 of 2026 BENGALURU FOR THE ALLEGED OFFENCE P/US/ 64(2)(m),87,127(4) OF BNS 2023, SEC.6 OF POCSO ACT AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006. 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 Spl.C.No.2424 of 2025 pending before the Court of Additional City Civil & Sessions Judge, FTSC-V arising out of Crime No.459 of 2025 registered by Kamakshipalya Police Station, Bengaluru City for offences punishable under Sections 64(2)(m), 87, 127(4) of BNS, 2023, Section 6 of POCSO Act, 2012 & Section 9 of 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, learned HCGP on behalf of respondent no.1 - State and learned counsel for respondent no.2. 3. FIR in Crime No.459 of 2025 was registered by Kamakshipalya Police Station, Bengaluru City for offence - 3 - HC-KAR CNR: KAHC010486212026 NC: 2026:KHC:45272 CRL.P No. 10564 of 2026 punishable under Section 64 of BNS, 2023, Sections 4 & 6 of POCSO Act, 2012 & Sections 9, 10 & 11 of Prohibition of Child Marriage Act, 2006 against the petitioner herein and four others, based on the first information dated 23.09.2025 received from the victim girl, who is the wife of the petitioner herein. During the course of investigation of the case, petitioner was arrested on 28.09.2025. His bail application filed before the Trial Court in Crl.Misc.No.11335 of 2025 was rejected on 04.02.2026. Therefore, he is before this Court. 4. A reading of the first information would go to show that, the petitioner and victim girl both hail from Uttar Pradesh State. It appears that, the marriage of the petitioner and the victim girl was performed on 19.03.2025 by the elders of both the parties and thereafter the petitioner and the victim girl were living as husband and wife in a rented premises in Bengaluru. The victim girl, who had missed her periods, had gone for her medical examination. Subsequently, she allegedly had consumed some tablets which was given to her by the petitioner and her pregnancy was aborted. On 23.09.2025, victim girl suffered stomach pain and therefore, she had gone - 4 - HC-KAR CNR: KAHC010486212026 NC: 2026:KHC:45272 CRL.P No. 10564 of 2026 to hospital and on verification of her date of birth her statement was recorded and FIR was registered against the petitioner for the aforesaid offences. 5. During the course of investigation, statement of the victim girl under Section 183 of BNSS, 2023 has been recorded in the present case by the jurisdictional Sessions Court. Victim girl has not made any serious allegation against him about he committing any forcible sexual assault on her against her wishes. On the other hand, she has stated that after her marriage with the petitioner was performed by her parents, she has accompanied the petitioner to Bengaluru and they stayed together as husband and wife in a rented premises. She has also stated that, when she had gone to the hospital after suffering from stomach pain, she was taken to the police station and her statement was recorded. Parents of the petitioner and the victim, who were arrayed as accused Nos.2 to 4 in the FIR, are now dropped in the charge sheet. Learned counsel for the petitioner submits that he is required to take care of his wife, who is living alone. - 5 - HC-KAR CNR: KAHC010486212026 NC: 2026:KHC:45272 CRL.P No. 10564 of 2026 6. Considering the nature of allegations found against the petitioner who has no criminal antecedents and stage of the case, I am of the view that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl.C.No.2424 of 2025 pending before the Court of Additional City Civil & Sessions Judge, FTSC-V arising out of Crime No.459 of 2025 registered by Kamakshipalya Police Station, Bengaluru City for offences punishable under Sections 64(2)(m), 87, 127(4) of BNS, 2023, Section 6 of POCSO Act, 2012 & Section 9 of Prohibition of Child Marriage Act, 2006, 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; - 6 - HC-KAR CNR: KAHC010486212026 NC: 2026:KHC:45272 CRL.P No. 10564 of 2026 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 NMS List No.: 1 Sl No.: 72