- 1 - HC-KAR NC: 2026:KHC:5176 CRL.P No. 17450 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17450 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI MOHAMMAD AVEZ S/O. MOHAMMAD RAFEEK AGED ABOUT 20 YEARS OCCUPATION : VEGETABLE VENDOR RESIDING AT ARENAHALLY VILLAGE RAVANDURU HOBLI PIRIYAPATNA TALUK MYSURU DISTRICT- 571 108. …PETITIONER (BY SRI. SALOMI SHIREEN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH K.R. PETE RURAL POLICE STATION MANDYA DISTRICT. REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SRI. SYED SABIR S/O. SYED BAB JHAN AGED ABOUT 42 YEARS RESIDING AT:ARENAHALLY VILLAGE MYSURU DISTRICT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5176 CRL.P No. 17450 of 2025 RAVANDURU HOBLI, PIRIYAPATNA TALUK MYSURU DISTRICT – 571 108. …RESPONDENTS (BY SMT. WAHEEDA M M, HCGP FOR R1 R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.CASE No.242/2025 (CR.No.161/2025 OF K.R.PETE RURAL P.S) FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 137(2),127(4),64(2)(m) OF BNS 2023 AND SEC.5(1),6,10,12 OF 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 sole accused under Section 483 of BNSS praying to grant bail in Special Case No.242/2025 arising out of Crime No.161/2025 of K. R. Pete Rural Police Station pending on file of Additional Sessions Judge, FTSC-II, Mandya registered for offences punishable under Sections 137(2), 62(2)(m) of BNS, Sections 5(l), 6, 10, 12 of the Protection of Children from - 3 - HC-KAR NC: 2026:KHC:5176 CRL.P No. 17450 of 2025 Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the victim girl is aged 16 years 07 months as on the date of alleged offence. The victim girl in her statement recorded under Section 183 of BNSS has not alleged any sexual intercourse by the petitioner on her. The victim girl has stated that she is having love affair with the petitioner. The victim girl is of the age of understanding the consequences of her acts. The petitioner is in judicial custody since 09.08.2025 and as the charge sheet is filed, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:5176 CRL.P No. 17450 of 2025 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the victim was minor as on the date of alleged offence. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, she prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that earlier on 01.06.2025, the petitioner had kidnapped the victim girl, promised to marry her and the case was registered against him in Crime No.159/2025. Subsequently, he has been granted bail in the said case. Thereafter, on 06.07.2025 the petitioner enticed C.W.2 took her to Murugamalla village in Chintamani Taluk, took room on rent, stayed with her and had sexual intercourse with her. It is also alleged that even though victim girl was minor, he has married her. - 5 - HC-KAR NC: 2026:KHC:5176 CRL.P No. 17450 of 2025 The date of birth of the victim girl is 22.11.2008 as per her birth certificate. She was aged more than 16 years as on the date of alleged offence. The statement of the victim girl has been recorded under Section 183 of BNSS. In the said statement, she has stated that she is having love affair with the petitioner and she voluntarily went along with him. There is no allegation of any sexual intercourse by the petitioner in the said statement. The victim's parents have not given consent for medical examination of the victim. The victim girl was of the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2026:KHC:5176 CRL.P No. 17450 of 2025 ii) The petitioner is granted bail in Special Case No.242/2025 arising out of Crime No.161/2025 of K. R. Pete Rural Police Station pending on file of Additional Sessions Judge, FTSC-II, Mandya registered for offences punishable under Sections 137(2), 62(2)(m) of BNS, Sections 5(l), 6, 10, 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act subject to following conditions: a) The petitioner -accused shall execute 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 -accused shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner -accused shall attend trial Court on all dates of hearing unless - 7 - HC-KAR NC: 2026:KHC:5176 CRL.P No. 17450 of 2025 exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 5 Ct.sm