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2026 DAILYLAW 42378 (KAR)

MR.TARUN v. STATE OF KARNATAKA

CRL.P/13491/2026 · 2026-09-19

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010604652026 NC: 2026:KHC:51500 CRL.P No. 13491 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13491 OF 2026 BETWEEN: MR.TARUN S/O LATE RAVI.S, AGED ABOUT 20 YEARS, R/A JANATA QUARTERS, VIDYA NAGAR CROSS, BETTALASURU POST, JALA HOBLI, YELAHANKA, BENGALURU – 560 063 …PETITIONER (BY SRI. VINAY KUTTAPPA K.S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION, BANGALORE CITY. REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU -01 2. MRS. JAYANTHI WIFE OF MR SATHYANATHAN, AGED ABOUT 40 YEARS, RESIDING AT NO. 430, 9TH CROSS, ARUNDHATINAGARA, NAYANDAHALLI POST, CHANDRA LAYOUT, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010604652026 NC: 2026:KHC:51500 CRL.P No. 13491 of 2026 BENGALURU …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SPL.C.C.NO.1886/2026 PENDING BEFORE FTSC IV, ADDL CITY CIVIL AND SESSIONS JUDGE, BENGLAURU ARISING OUT OF CRIME NO.112/2026 OF CHIKKAJALA POLICE STATION, BENGALURU CITY FRO THE OFFENCE P/US/ 64(2)(m) AND 87 OF BNS 2023, SEC.5(L),6 OF POCSO ACT 2012 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 in SPL.C.C.NO.1886/2026 pending before the Court of FTSC-IV Addl. city civil and sessions judge, Benglauru arising out of Crime No.112/2026 registered by Chikkajala Police Station, Bengaluru City for offences punishable under Sections 64(2)(m) & 87 of BNS, 2023, Section 5(L) & 6 of POCSO Act, 2012 and 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. - 3 - HC-KAR CNR: KAHC010604652026 NC: 2026:KHC:51500 CRL.P No. 13491 of 2026 2. Heard the learned counsel for petitioner and learned counsel for respondent no.1. Respondent no.2, who is served in the matter has remained unrepresented before this Court. 3. FIR in Crime No.112/2026 was registered by Chikkajala Police Station, Bengaluru City initially for punishable under Sections 12, 11(iv) of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2006 against the petitioner, based on the first information dated 17.05.2026 received from respondent no. 2, who is the mother of the victim girl, aged 17 years 10 months as on the date of registration of the FIR. In the said case, the petitioner was arrested on 18.05.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.7451/2026 was rejected on 12.08.2026. Therefore, he is before this Court. 4. In the first information submitted by the mother of the mother of the victim girl on 17.05.2026, it is alleged that the petitioner had induced the victim girl and taken her along with him and had married her against her wishes in a temple. It is under these circumstances, FIR in the present case was registered invoking offence punishable under Section 9 of - 4 - HC-KAR CNR: KAHC010604652026 NC: 2026:KHC:51500 CRL.P No. 13491 of 2026 Prohibition of Child Marriage Act, 2006 and Sections 12, 11(iv) of POCSO Act, 2012. During the course of investigation, petitioner was arrested on 18.05.2026 and remanded to judicial custody. 5. The statement of the victim was recorded in the present case by the jurisdictional Sessions Court on 21.05.2026 wherein the victim girl has stated that she got acquainted to the petitioner about 8 months earlier and subsequently, they started loving each other. On 16.05.2026, the petitioner had called her and accordingly she had gone to meet him. He thereafter took her to his room and had sexual intercourse with her against her wishes. Subsequently, he took her to his mother's house and in spite of his mother advise and request to send back the victim girl, he did not send back the victim girl and on the other hand, he took her to a temple and married her. 6. The records would reveal that the date of birth of the victim girl is 23.07.2008. Therefore, as on this date, she has attained the age of majority. Her statement recorded in the - 5 - HC-KAR CNR: KAHC010604652026 NC: 2026:KHC:51500 CRL.P No. 13491 of 2026 present case would show that she and the petitioner are in love and subsequently, they got married in temple. 7. The petitioner, aged 20 years, is in custody for the last more than 4 months. Investigation of the case is completed and charge sheet has been filed. Continued detention amongst hardcore criminals have an adverse impact on the mindset of the petitioner. Accordingly, the following: ORDER (i) Criminal petition is allowed. (ii) The petitioner is directed to be enlarged on bail in SPL.C.C.NO.1886/2026 pending before the Court of FTSC-IV Addl. city civil and sessions judge, Benglauru arising out of Crime No.112/2026 registered by Chikkajala Police Station, Bengaluru City for offences punishable under Sections 64(2)(m) & 87 of BNS, 2023, Section 5(L) & 6 of POCSO Act, 2012 and 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: KAHC010604652026 NC: 2026:KHC:51500 CRL.P No. 13491 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.: 37