- 1 - HC-KAR NC: 2026:KHC:5569 CRL.P No. 16590 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16590 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. NAVEED AGED ABOUT 23 YEARS, S/O RAJAK, RESIDING AT 2ND CROSS, LEFT SIDE, HOSAMANE EXTENSION BHADRAVATHI 577 301 …PETITIONER (BY SRI. PRAVEEN C.,ADVOCATE) AND: 1. THE STATE BY HOSMANE POLICE STATION, BHADRAVATHI 577 301 REPRESENTED BY THE S.P.P HIGH COURT BUILDING, BENGALURU 560 001 2. RAVI AGED ABOUT 45 YEARS S/O POOJARI BASAPPA, RESIDING AT 1ST CROSS, BHOVI COLONY, BHADRAVATHI, SHIVAMOGGA 577301. …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1, SRI ADITHYA N., ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5569 CRL.P No. 16590 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.CC NO.305/2025 (CRIME NO.152/2025) FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64, 87 OF BNS ACT AND SECTION 6 OF POCSO ACT, SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT REGISTERED BY HOSMANE POLICE STATION NOW ON THE FILE OF THE PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Special CC No.305/2025 (Crime No.152/2025 of Hosamane Police Station) registered for the offences punishable under Sections 64, 87 of Bharatiya Nyaya Sanhita, 2023, Section 9 of Prohibition of Child Marriage Act, 2006 and Section 6 of Protection of Children From Sexual Offences Act, 2012 pending on the file of the learned Additional District Sessions Judge, FTSC-I, Shivamogga. - 3 - HC-KAR NC: 2026:KHC:5569 CRL.P No. 16590 of 2025 2. Heard the learned counsel for petitioner, the learned High Court Government Pleader for respondent No.1/State and learned counsel for respondent No.2 3. The learned counsel for respondent No.2 submits that he has no objection for grant of bail to the petitioner. 4. The learned counsel for the petitioner would contend that there was a love affair between the petitioner and the victim girl, that they married each other, and that they were residing together. The statement of the victim girl has been recorded at the instance of Anganwadi worker and it has been registered as a FIR. There is no any complaint by the parents of the victim girl. The victim girl in her statement recorded under Section 183 of BNSS has specifically stated that she was having love affair with the petitioner and they married and residing together. There is no allegation of the petitioner having any forcible sexual intercourse on her. As the charge sheet is filed, the - 4 - HC-KAR NC: 2026:KHC:5569 CRL.P No. 16590 of 2025 petitioner is not required for custodial interrogation. With this, he prayed to allow the petition. 5. Per contra, the learned High Court Government Pleader would contend that the victim girl is aged 17 years and in spite of knowing the same the petitioner has married her and had sexual intercourse with her. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against him. With this, she prays to reject the petition. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 7. As per the charge sheet, the petitioner and the victim girl were in a love affair. The parents of the victim girl did not consent to their marriage as it was an inter- caste marriage. Therefore, accused No.1 took the victim girl and married her, lived with her as husband and wife, and had sexual intercourse with her on several occasions. - 5 - HC-KAR NC: 2026:KHC:5569 CRL.P No. 16590 of 2025 The statement of the victim girl recorded under Section 183 of the BNSS indicates that she was in a love affair with the petitioner, that they married each other, resided together, and had sexual intercourse. The age of the victim girl is 17 years and she is of the age of understanding the consequences of her acts. Moreover, the learned counsel for respondent No.2 has no objection for grant of bail. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Special CC No.305/2025 (Crime No.152/2025 of Hosamane Police Station) registered for the offences punishable under Sections 64, 87 of BNS, Section 9 of Prohibition of Child - 6 - HC-KAR NC: 2026:KHC:5569 CRL.P No. 16590 of 2025 Marriage Act, 2006 and Section 6 of Protection of Children From Sexual Offences Act, 2012 pending on the file of the learned Additional District Sessions Judge, FTSC-I, Shivamogga subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall not tamper the prosecution witness either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 25