- 1 - HC-KAR NC: 2026:KHC-D:477 CRL.P No. 104574 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104574 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI ERESHA V.R. @ VIRESHA S/O LATE RAMAPPA MOTHER U GOURAMMA AGE 23 YEARS, OCC. DRIVER, R/O. A.D. GUDDA VILLAGE, TALUKA KUDLIGI DIST. VIJAYANAGAR PIN 583130 …PETITIONER (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PI GUDEKOTE POLICE STATION TQ. KUDLIGI AND DIST. VIJAYANAGAR, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD 580011. 2. SHRI NAGARAJA V.K. S/O LATE KARIYAPPA AGE 41 YEARS, OCC. LABOURER R/O. C.S. PURA VILLAGE, TQ. KUDLIGI DIST. VIJAYANAGAR PIN 583135. ALSO AT CHANDRAHSEKARAPURA VILLAGE, KUDLIGI TALUK, VIJAYANAGAR-583135. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. GANAPATI M. BHAT, ADVOCATE FOR R2) THIS CRIMIANL PETITION IS FILED U/S 483 OF BNSS, 2023 PRAYING TO ENLARGED ON BAIL IN THE SPECIAL CASE NO 1001/2025 (GUDEKOTE P.S.CRIME NO.47/2025) FOR THE OFFENCE PUNISHABLE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:477 CRL.P No. 104574 of 2025 U/S 4(1) 6 AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AND U/S 54, 249 OF BNS 2023 AND U/S 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT)ACT 2016, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Deepak S. Kulkarni, learned counsel for the petitioner, and Sri P.N. Hatti, learned High Court Government Pleader for the respondent No.1 and Sri.Ganapati M. Bhat, learned counsel for respondent No.2. 2. The petitioner is Accused No.2 in Spl. Case No.1001/2025 on the file of the Additional District and Sessions Judge-FTSC-I, Ballari. 3. Even according to the charge sheet, the role assigned to the present petitioner is that he was present at the time of the marriage when the mangalsutra was tied on the minor girl by accused No.1. At the most, he could be treated as an abettor. - 3 - HC-KAR NC: 2026:KHC-D:477 CRL.P No. 104574 of 2025 4. Thus continuation of the petitioner in judicial custody, especially after filing of the charge sheet, is totally unwarranted. Other apprehensions expressed by the prosecution can be taken care of by imposing suitable and stringent conditions. 5. Though the bail request is seriously opposed by the learned High Court Government Pleader and the learned counsel for respondent No.2 / de facto complainant, without expressing any opinion on the merits of the case, the following order is passed: ORDER i. The criminal petition is allowed. ii. The petitioner shall be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the learned Trial Judge, subject to the following conditions: - 4 - HC-KAR NC: 2026:KHC-D:477 CRL.P No. 104574 of 2025 iii. The petitioner shall not directly or indirectly tamper with the prosecution evidence or hamper the investigation in any manner. iv. The petitioner shall not leave the jurisdiction of Ballari District without prior permission of the Trial Court. v. The petitioner shall attend the Court regularly. vi. The petitioner shall not indulge in similar offences. It is further made clear that grant of bail to the present petitioner shall not be treated as a ground of parity perse in respect of other accused. Violation of any of the above conditions shall entitle the prosecution to seek cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC CT-CMU/LIST NO.: 1 SL NO.: 16