Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 37934 (KAR)

MARUTHI @ MARUTHESHA v. STATE BY BANAVARA POLICE

CRL.P/8994/2026 · 2026-08-31

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010423052026 NC: 2026:KHC:47078 CRL.P No. 8994 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. 8994 OF 2026 BETWEEN: MARUTHI @ MARUTHESHA S/O, NAGAPPA, AGED ABOUT 21 YEARS, R/O, RANGANAHALLI BHOVI HATTI VILLAGE, MADADAKERE HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577 527 …PETITIONER (BY SRI. MADHU M.T., ADVOCATE) AND: 1. STATE BY BANAVARA POLICE HASSAN DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. LAKSHMI W/O, MURUGESH AGED MAJOR, 38 YEARS MUDIGERE, CHIKKAMAGALURU DIST - 577 101 …RESPONDENTS (BY SMT. RASHMI JADHAV, ASPP FOR R1 R2 SERVED) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010423052026 NC: 2026:KHC:47078 CRL.P No. 8994 of 2026 THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.20/2026 THE CASE IS REGISTERED BY BANAVARA POLICE, HASSAN DISTRICT FOR THE OFFENCE P/US/ 137(2), 65(1) OF BNS 2023 AND U/S.6 OF POCSO 2012, SEC.9,10 OF THE CHILD MARRIAGE ACT 2016, BEFORE THE ADDL DISTRICT AND SESSIONS JUDGE AT HASSAN FTSC I HASSAN IN SPL.C.NO.153/2026. 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 Special Case No.153 of 2026 pending before the Court of Additional District and Sessions Judge, FTSC-I at Hassan, arising out of Crime No.20 of 2026 registered by Banavara Police Station, Hassan for the offences punishable under Section 137(2), 65(1) of BNS, 2023 and Section 6 of POCSO Act, 2012 and Section 9, 10 of the Child Marriage Act, 2016, is before - 3 - HC-KAR CNR: KAHC010423052026 NC: 2026:KHC:47078 CRL.P No. 8994 of 2026 this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.20 of 2026 was registered by Banavara Police Station, Hassan against the petitioner herein for the offences punishable under Section 137(2) of BNS, 2023 and Section 8 of POCSO Act, 2012, based on first information dated 08.02.2026 received from the mother of the victim girl. During the course of investigation of the case, the petitioner was arrested on 09.02.2026 and remanded to judicial custody. After completing investigation, charge sheet is filed against two persons and petitioner is arrayed as accused No.1 in the charge sheet and mother of the victim girl is arrayed as accused No.2. His bail application filed before the Trial Court in Special Case No.153 of 2026 was rejected on 03.06.2026. Therefore, he is before this Court. - 4 - HC-KAR CNR: KAHC010423052026 NC: 2026:KHC:47078 CRL.P No. 8994 of 2026 4. Mother of the victim had approached Chikkamagaluru Women Police Station on 08.02.2026 and submitted a first information stating that her minor daughter was missing from 05.05.2025. On enquiry, she subsequently came to know that the petitioner had married her. Based on the said first information, a zero FIR was registered by Chikkamagaluru Women Police Station and subsequently, for want of jurisdiction, it was transferred to Banavara Police Station, Hassan where it was registered in Crime No.20 of 2026 against the petitioner herein. During the course of investigation, the petitioner was arrested and after completing investigation, charge sheet is filed against the petitioner and the mother of the victim girl. 5. Statement of the victim under Section 183 of BNSS, 2023 has been recorded in the present case on 11.02.2026 by the Court of jurisdictional Magistrate after the FIR was registered in Crime No.20 of 2026 by Banavara Police Station, Hassan. In the said statement, - 5 - HC-KAR CNR: KAHC010423052026 NC: 2026:KHC:47078 CRL.P No. 8994 of 2026 the victim girl has stated that her mother had performed her marriage with petitioner in a small temple and thereafter, she had stayed with the petitioner for sometime and thereafter, police had brought her back. She has not made any allegation against the petitioner about he committing any kind of sexual assault on her. However, the charge sheet is filed invoking the offences punishable under Section 6 of POCSO Act, 2012 and Section 65(1) of BNS, 2023. Considering the nature of allegations found in the FIR and the statement of the victim girl recorded under Section 183 of BNSS, 2023, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following: O R D E R The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Special Case No.153 of - 6 - HC-KAR CNR: KAHC010423052026 NC: 2026:KHC:47078 CRL.P No. 8994 of 2026 2026 pending before the Court of Additional District and Sessions Judge, FTSC-I at Hassan, arising out of Crime No.20 of 2026 registered by Banavara Police Station, Hassan for the offences punishable under Section 137(2), 65(1) of BNS, 2023 and Section 6 of POCSO Act, 2012 and Section 9, 10 of the Child Marriage Act, 2016, subject to the following conditions: a) The 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; - 7 - HC-KAR CNR: KAHC010423052026 NC: 2026:KHC:47078 CRL.P No. 8994 of 2026 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 AMM List No.: 1 Sl No.: 53