- 1 - HC-KAR NC: 2026:KHC:4767 CRL.P No. 17194 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17194 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MALLESH S/O NARAYANA AGED ABOUT 23 YEARS R/AT. GOLLAHALLI VILLAGE VYAPANAPALLI PANCHAYATH KRISHNAGIRI DISTRICT TAMIL NADU-635 002. …PETITIONER (BY SRI. ABHISHEK HUDDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MULBAGAL RURAL POLICE STATION REP. BY SPP OFFICE HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT. SUGUNAMMA W/O. LATE NARAYANAPPA AGED ABOUT 35 YEARS R/AT. B HOSAHALLI VILLAGE MULBAGAL TALUK-563 131. …RESPONDENTS (BY SRI MOHD. AYUB ALI, ADDL. SPP FOR R1 SRI SHARAN K, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4767 CRL.P No. 17194 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL, ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT, IN SPL.C.NO.58/2025 (POCSO) OF MULBAGAL RURAL P.S. FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(2), 65(1) OF THE BNS, SEC.6 OF THE POCSO ACT 2012 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 SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of the BNSS, praying to grant bail in Spl.C.(POCSO)No.58/2025 pending on the file of Additional District and Sessions Judge, FTSC-1(POCSO), Kolar, registered for offences under Section 137(2), 65(1) of BNS, Section 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act. 2. Heard the learned counsel for the petitioner, learned Additional SPP for respondent – State and learned counsel for respondent No.2. Learned counsel for - 3 - HC-KAR NC: 2026:KHC:4767 CRL.P No. 17194 of 2025 respondent No.2 submits that respondent No.2 has no objection for grant of bail to the petitioner. 3. Learned counsel for petitioner would contend that there was a love affair between petitioner and the victim girl. The victim girl's statement has been recorded under Section 183 of BNSS wherein she has not made any allegation against the petitioner of having sexual intercourse on her. The victim girl has stated that she will marry the petitioner after she attaining the age of 18 years. The FSL report is negative. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that the age of the victim is 15 years. The petitioner enticed the victim girl and married her against her will and had sexual intercourse with her for few days. The offence alleged against the petitioner is provided with punishment - 4 - HC-KAR NC: 2026:KHC:4767 CRL.P No. 17194 of 2025 of imprisonment which may extend to 20 years. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. The case of the prosecution is that the petitioner was insisting CW.2 to love him. As the victim has not agreed for the same, he enticed her and took her to Tamil Nadu, tied Tali to her in a temple and committed sexual intercourse between 04.05.2025 till 15.05.2025. The statement of the victim girl has been recorded under Section 183 of BNSS. The victim girl has not made any allegation of sexual intercourse by the petitioner on her. She has stated that she voluntarily went along with the petitioner and she asked him to tie Tali to her. She has further stated that she will marry petitioner after she attaining 18 years of age. The victim is aged 15 years and she is knowing the consequences of her acts. The petitioner is in judicial custody since 19.05.2025 and as - 5 - HC-KAR NC: 2026:KHC:4767 CRL.P No. 17194 of 2025 the charge sheet is filed, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is granted bail in Spl.C.(POCSO)No.58/2025 pending on the file of Additional District and Sessions Judge, FTSC-1(POCSO), Kolar, subject to following conditions: (i) Petitioner shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the jurisdictional Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2026:KHC:4767 CRL.P No. 17194 of 2025 (iii) Petitioner shall attend the trial Court on all dates of hearing exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 7 Ct.sm