- 1 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1064 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. MANOJ KUMAR.R S/O RAVI AGED ABOUT 30 YEARS, R/AT #41, 4TH CROSS, 35TH MAIN ROAD, JAIMARUTHI NAGAR, BENGALURU NORTH, PO: NANDINI LAYOUT, BENGALURU - 560 096. (ADDRESS PROVIDED AS PER AADHAR CARD) …PETITIONER (BY SRI. THEJAS N S., ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 AND: 1. THE STATE OF KARNATAKA BY PAPER TOWN POLICE STATION, BHADRAVATHI, SHIVAMOGGA (REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. VICITM D/O HARISH NAIK AGE 18 YEARS, 1 MONTH, 16 DAYS, R/AT MOSARAHALLI/SUNNADAHALLI VILLAGE, BHADRAVATHI TALUK SHIVAMOGA PIN - 577 301 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR RESPONDENT NO.1) (BY SRI. M GANGADHARAIAH., ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN SPL.CASE.318/2025 - 3 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 PENDING ON THE FILE OF BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, AT SHIVAMOGGA, ARISING OUT OF CR.NO.87/2025 OF RESPONDENT NO.1 PAPER TOWN P.S. BHADRAVATHI, FOR THE ALLEGED OFFENCES P/U/S 87,64(2)(m),65(1),127(4) OF BNS, 2023, AND SECTION 6 OF POCSO ACT, 2012, AND SECTION 9,10 AND 11 OF CHILD MARRIAGE RESTRAINT ACT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner who is arrayed as accused No.1 in Crime No.87/2025 filed by the respondent – Police for the offences punishable under Section 87, 65(1), 64(2)(m) and 127(4) of the Bharatiya Nyaya Sanhita, 2023 (for short the BNS) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO) and under Section - 4 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 9, 10 and 11 of the Child Marriage Restraint Act (for short CMR Act). Factual matrix of the case: 2. The case of the prosecution is that a complaint came to be registered by the victim stating that she is the resident of the address stated in the complaint. She was residing along with her parents. She had studied up to 10th Standard. However, she could not continue the study as she failed in the 10th Standard. When Mr. Ganesh came to her house and asked her mother to perform the marriage of the victim to the present petitioner, her mother agreed for the said proposal. 3. On 28.08.2023 around about 04.00 a.m. the victim was taken to Anjaneya temple, Nidaghatta Village where the petitioner and his mother Sumitra had come near the temple. On the same day, around about 09.30 a.m., the petitioner had married the victim. After the marriage, all the persons came to Mosarahalli. However, - 5 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 the petitioner had gone to Kalinganahalli, which is said to be his grandmother's house. 4. On 29.08.2023, the petitioner had brought the victim to Bangalore. The victim was residing along with the petitioner and her mother-in-law. It is further stated that victim and the petitioner were living happily as husband and wife. On 18.08.2025 around about 12.30 p.m., when the victim had been to the house of her mother to see her as her mother was not feeling well, the officials had taken the victim to custody and recorded her statement as the officials have learnt that the victim married at the age of 17 years and she was minor as on the date of said marriage. 5. Based on the complaint of the officials, the respondent-Police have registered a case, conducted investigation and submitted charge sheet. 6. Heard Sri.Thejas N.S., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court - 6 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 Government Pleader for respondent No.1 – State and Sri. M. Gangadharaiah, learned counsel for respondent No.2. 7. Learned counsel for the petitioner submits that the petitioner is innocent of alleged offences. The petitioner and the victim married and happily living together. In fact, the age of the victim has not been determined properly. As on the date of marriage, she had completed 18 years. 8. It is further submitted that, the petitioner and the victim are living together and all the family members are accepted the said marriage. There is a misunderstanding in respect of the age of the victim. In fact, at the time of marriage, she had completed her 18 years and it is an arrange marriage. In order to secure the ends of justice and also in the interest of the entire family, the petitioner may be enlarged on bail by imposing - 7 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition. 9. Learned counsel representing respondent No. 2, submits that the mother of the victim and the victim are present before this Court. The victim is living happily with the petitioner. There are no documents to substantiate that she was minor as on the date of marriage. In fact, she had completed her 18 years as on the date of marriage. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions in order to secure the interest of justice. Making such submission learned counsel for respondent No.2 prays to allow the petition. 10. Per Contra, learned High Court Government Pleader for respondent No.1 – State vehemently submitted that merely because the petitioner had married the victim, that itself is not sufficient to absolve the offence committed by the petitioner. The petitioner has committed heinous offence and he has committed sexual assault on - 8 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 the victim knowingly that she was minor. Hence, it is not appropriate to grant bail to the petitioner. Making such submission learned High Court Government Pleader for respondent No.1 – State prays to reject the petition. 11. Heard learned counsel for the respective parties and perused the averments of the complaint and also the charge sheet. Today, the victim and her mother are present before this Court. They stated before this Court that the date of birth of the victim was not properly given to the school authority and her age has not been properly determined. She had completed 18 years as on the date of marriage. 12. Having considered the submissions of the learned counsel for respondent No.2 and also the victim and her mother, it is appropriate to grant the relief as prayed for in the interest of justice. 13. Hence, I proceed to pass the following: - 9 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 ORDER (i) This Criminal Petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.87/2025 of respondent-Police for the offence under Sections 87, 65(1), 64(2)(m) and 127(4) of the BNS and under Section 6 POCSO and under Section 9, 10 and 11 of the CMR Act, on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety to the like sum of the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional - Police within a period of one month from today to execute personal bond and also to furnish surety. - 10 - HC-KAR NC: 2026:KHC:14567 CRL.P No. 1064 of 2026 (iv) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (v) The petitioner shall appear before the Trial Court on all hearing dates, without fail. (vi) The petitioner shall not commit any criminal cases till disposal of the case. In case, if, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM