- 1 - HC-KAR CNR: KAHC010541972026 NC: 2026:KHC:46724 CRL.P No. 11867 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11867 OF 2026 BETWEEN: GOPALA S S/O SIDDASHETTY AGED ABOUT 34 YEARS R/AT BANNITHALAPURA VILLAGE KASABA HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA - 571 111. …PETITIONER (BY SRI SAMPATH KUMAR A.V, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY GUNDLUPETE POLICE STATION CHAMARAJANAGARA DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. A.M. MAHESHA AGED ABOUT 47 YEARS PDO, BANNITHALAPURA GRAMA PANCHAYATI CHAMARAJANAGARA TALUK CHAMARAJANAGARA - 01. …RESPONDENTS (BY SRI RANGASWAMY R, HCGP FOR R-1 & R-2; NOTICE TO R-2 H/S V/O DTD:28.08.2026) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION TO CR.NO.136/2026 BY GUNDLUPETE P.S. PENDING ON THE FILE OF THE FAST TRACK COURT, CHAMARAJANAGARA FOR THE OFFENCE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010541972026 NC: 2026:KHC:46724 CRL.P No. 11867 of 2026 P/U/S 64 OF BNS AND SEC.4,5(J)(II),6 OF POCSO ACT 2012 AND SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT. 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.136/2026 registered by Gundlupete Police Station, Chamarajanagar District, for the offences punishable under Sections 64 of BNS, 2023, Sections 4, 5(j)(ii), 6 of the POCSO Act, 2012, and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, 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 the learned HCGP on behalf of the respondent-State. The mother of the victim girl is present in Court in person and submits that she has no objection to allow the petition. 3. FIR in Crime No.136/2026 was registered by Gundlupete Police Station, for the aforesaid offences against the petitioner herein based on the first information dated 06.05.2026 received from respondent no.2 who is the Panchayat - 3 - HC-KAR CNR: KAHC010541972026 NC: 2026:KHC:46724 CRL.P No. 11867 of 2026 Development Officer of the local gram panchayat. Apprehending arrest in the said case, petitioner had approached the jurisdictional Sessions Court in Crl. Misc. No.257/2026, which was rejected on 24.07.2026. Therefore, he is before this Court. 4. In the first information submitted by respondent no.2, he has stated that he had received credible information that victim girl who was aged 17 years 5 months was pregnant and her marriage was performed with the petitioner. It is under these circumstances, he has approached the police and based on his first information, FIR was registered against the petitioner. 5. During the course of investigation, statement of the victim girl under Section 183 of BNSS, 2023, has been recorded. A reading of the said statement would go to show that petitioner is the close relative of the first informant who is the mother of the victim girl. It appears that the parents of the victim girl are residing separately and their marriage is dissolved by a decree of divorce. The victim girl has stated that she and the petitioner were in love, and subsequently on - 4 - HC-KAR CNR: KAHC010541972026 NC: 2026:KHC:46724 CRL.P No. 11867 of 2026 12.02.2025, their marriage was performed by their relatives. Thereafter, they were living together as husband and wife, and on 09.05.2026 she has given birth to a boy child. She has stated that she had voluntarily married the petitioner out of her own will. 6. Considering the aforesaid aspects of the matter and since the petitioner is required to take care of the victim girl and the child born to her, I am of the opinion that his prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The 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 Crime No.136/2026 registered by Gundlupete Police Station, Chamarajanagar District, for the offences punishable under Sections 64 of BNS, 2023, Sections 4, 5(j)(ii), 6 of the POCSO Act, 2012, and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of - 5 - HC-KAR CNR: KAHC010541972026 NC: 2026:KHC:46724 CRL.P No. 11867 of 2026 receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. 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 KK