- 1 - HC-KAR CNR: KAHC010496142026 NC: 2026:KHC:47147 CRL.P No. 10803 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10803 OF 2026 (439(Cr.PC) / 483(BNSS)) BETWEEN: RANGASWAMY S/O RAMAPPA AGED ABOUT 29 YEARS R/O UPANAYAKANAHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577001. …PETITIONER (BY SRI. G.J. SUNKAPUR, ADVOCATE) AND: 1. THE STATE BY SANTHEBENNUR POLICE STATION, DAVANAGERE DISTRICT, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. XXXXXXXXXX …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; R2 - SERVED) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.198/2024 ARISING OUT OF CRIME NO.103/2024 OF SANTHEBENNUR P.S. DAVANAGERE DISTRICT PENDING ON THE FILE OF THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-1 AT DAVANAGERE FOR THE OFFENCE P/U/S 366(A), 376(2)(n) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010496142026 NC: 2026:KHC:47147 CRL.P No. 10803 of 2026 OF IPC 1860 AND SECTIONS 6, 17 OF POCSO ACT AND SECTIONS 9, 10, 11 OF CHILD MARRIAGE RESTRAINT ACT BY ALLOWING THIS PETITION 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 Spl.C.No.198/2024 pending before the Court of Additional District and Sessions Judge – FTSC-I, Davanagere, arising out of Crime No.103/2024 registered by Santhebennur Police Station, Davanagere for offences punishable under Sections 366(A), 376(2)(n) of IPC, 1860, Sections 6 and 17 of POCSO Act, 2012 and Sections 9, 10 and 11 of Child Marriage Restraint Act, is before this Court, in this petition filed under Section 482 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the petitioner and learned Additional Special Public Prosecutor on behalf of respondent No.1 – State. Respondent No.2 is served in the matter and has remained unrepresented before this Court. - 3 - HC-KAR CNR: KAHC010496142026 NC: 2026:KHC:47147 CRL.P No. 10803 of 2026 3. FIR in Crime No.103/2024 was registered for offences punishable under Sections 363 and 114 r/w. Section 34 of IPC, 1860 against the petitioner and others, based on the first information dated 12.05.2024 received from respondent No.2, who is the father of the victim girl. During the course of investigation, petitioner was arrested on 20.05.2024 and remanded to judicial custody. After completing investigation, charge sheet is filed against three persons and the petitioner is arrayed as accused No.1 in the charge sheet. The bail application filed before the Jurisdictional Sessions Court was rejected. Hence, he is before this Court. 4. Perusal of the material on record would go to show that the victim girl and the petitioner were in love and on, 09.05.2024, victim girl voluntarily left her house and had gone with the petitioner. Subsequently, on 10.05.2024, petitioner and the victim girl got married in a temple and they stayed together for two days in the house of - 4 - HC-KAR CNR: KAHC010496142026 NC: 2026:KHC:47147 CRL.P No. 10803 of 2026 petitioner’s uncle and also in the house of petitioner’s grandmother. Since they came to know about the criminal case registered, subsequently, they returned to their village. Victim girl, in her statement, recorded under Section 164 of Cr.P.C. before the Court of Jurisdictional Magistrate on 06.06.2024 has not made any allegation against the petitioner about he committing any kind of sexual assault on her after she had married him and stayed together in the house of his relatives. The petitioner who has no other criminal antecedents is in custody for last two years. Before the Trial Court, all the material charge sheet witnesses, including the victim girl are already examined. Under the circumstances, the following: ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl.C.No.198/2024 pending before the Court of Additional - 5 - HC-KAR CNR: KAHC010496142026 NC: 2026:KHC:47147 CRL.P No. 10803 of 2026 District and Sessions Judge – FTSC-I, Davanagere, arising out of Crime No.103/2024 registered by Santhebennur Police Station, Davanagere for offences punishable under Sections 366(A), 376(2)(n) of IPC, 1860, Sections 6 and 17 of POCSO Act, 2012 and Sections 9, 10 and 11 of Child Marriage Restraint Act, 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 - 6 - HC-KAR CNR: KAHC010496142026 NC: 2026:KHC:47147 CRL.P No. 10803 of 2026 permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE CM List No.: 1 Sl No.: 62