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2026 DAILYLAW 42521 (KAR)

JEEVA R v. STATE OF KARNATAKA

CRL.P/12634/2026 · 2026-09-21

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010568712026 NC: 2026:KHC:51711 CRL.P No. 12634 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12634 OF 2026 BETWEEN: JEEVA R, S/O LATE RAJENDRAN, AGED ABOUT 24 YEARS, R/AT NO.33, LAKSHMAN PURI, GANDHINAGARA, BANGALORE - 560 009. …PETITIONER (BY SRI. RAGHU N R., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SHESHADRIPURAM POLICE STATION, BANGALORE. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, CITY CIVIL COURT, BANGALORE - 01. 2. VICTIM, W/O JEEVA, AGED ABOUT 18 YEARS, RESIDING AT NO.74, 2ND FLOOR, RISILDHAR STREET, Digitally signed by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010568712026 NC: 2026:KHC:51711 CRL.P No. 12634 of 2026 SHESHADRIPURAM, BANGALORE - 560 020. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1; SRI.MANJUNATHA N.M., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE ON BAIL IN CRIME NO.67/2026 OF RESPONDENT SHESHADRIPURAM POLICE, PENDING ON THE FILE OF THE FAST TRACK COURT - 4, CITY COURT COMPLEX, BENGALURU FOR THE ALLEGED OFFENCE P/US/ 64(2)(m) OF BNS AND SEC.4(1), 5(j), 5(L), 6 OF POCSO ACT 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 Accused No.1 in Crime No.67 of 2026 registered by Seshadripuram Police Station, Bengaluru City for the offence punishable under Section 64(2)(m) of BNS, 2023, Section 4(1), 5(j), 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: KAHC010568712026 NC: 2026:KHC:51711 CRL.P No. 12634 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.67 of 2026 registered by Seshadripuram Police Station, Bengaluru City for the aforesaid offences against petitioner herein, based on the first information dated 26.06.2026 received from Parashuram Basalinga, Police Officer attached to Seshadripuram Police Station, Bengaluru City. During the course of the investigation of the said case, petitioner was arrested on 29.06.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.6988 of 2026 was rejected on 29.07.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner and the victim girl were in love for nearly 6 years and subsequently, they got married. When the victim girl was taken for medical examination, on verification it was found that she was pregnant and therefore, FIR has been registered against the petitioner. - 4 - HC-KAR CNR: KAHC010568712026 NC: 2026:KHC:51711 CRL.P No. 12634 of 2026 The victim girl has now given birth to a child. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition on the ground that the victim girl is a minor and therefore, the alleged offences get attracted against the petitioner. Learned counsel for respondent No.2 submits that victim girl who is a major is present in the Court along with a newly born child. He submits that she has no objection to grant bail to the petitioner. 6. FIR in the present case was registered against the petitioner and others, based on the first information dated 26.06.2026 received from Police Officer attached to Seshadripuram Police Station, who had received a medico- legal case communication from the hospital stating that "a lady below the age of 18 years had been admitted to labour." It is under these circumstances, the petitioner was arrested on 29.06.2026 and remanded to judicial custody. - 5 - HC-KAR CNR: KAHC010568712026 NC: 2026:KHC:51711 CRL.P No. 12634 of 2026 7. A reading of remand application of the petitioner would to go show that the petitioner and the victim girl were in love for a period of 6 years and subsequently, they got married and the victim girl had conceived. When she had gone to the hospital for her medical check-up, on verification of her date of birth, FIR has been registered against the petitioner in the present case. It is brought to the notice of this Court that the victim girl has now given birth to the child. 8. Learned counsel for the petitioner and learned counsel for respondent No.2 submit that the petitioner is required to take care of the victim girl and the newly born child. Considering the aforesaid aspect of the matter and the age of the parties, 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: - 6 - HC-KAR CNR: KAHC010568712026 NC: 2026:KHC:51711 CRL.P No. 12634 of 2026 O R D E R (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.67 of 2026 registered by Seshadripuram Police Station, Bengaluru City for the offence punishable under Section 64(2)(m) of BNS, 2023, Section 4(1), 5(j), 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 personal bond for a sum of Rs.1,00,000/- with one surety 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; - 7 - HC-KAR CNR: KAHC010568712026 NC: 2026:KHC:51711 CRL.P No. 12634 of 2026 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 AMM List No.: 1 Sl No.: 70