- 1 - HC-KAR NC: 2026:KHC:9007 CRL.P No. 17425 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17425 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: MUNISWAMY S/O ANJANAPPA AGE ABOUT 27 YEARS R/AT SALANTRI PALYA KASABA HOBLI, KUNIGAL TALUK TUMKURU DISTRICT-01 …PETITIONER (BY SRI PRATHEEP K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY CHANNARAYAPATNA POLICE STATION HASSAN DISTRICT REP. BY IT STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. MANJULA W/O LATE MANJEGOWDA AGED ABOUT 40 YEARS R/AT KATTARIGHATTA KOPPALU DANDIGANAHALLI HOBLI Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9007 CRL.P No. 17425 of 2025 CHANNARAYAPATNA TALUK HASSAN -01 …RESPONDENTS (BY SRI HARISH GANAPATHY, HCGP FOR R1; R2-SERVED AND UNREPRESENTED) THIS CRL.P IS FILED UNDER SECTION 439 OF Cr.P.C (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN SPL.C.No.422/2025 (CRIME No.168/2025) PENDING ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-I AT HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2),65(1),127(3),127(4) OF BNS AND SECTIONS 4 & 6 OF POCSO ACT AND SECTION 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT BY CHANNARAYAPATNA POLICE. 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 accused No.1 under Section 483 of BNSS praying to grant bail in SC No.422/2025 (Crime No.168/2025 of Channarayapatna Rural Police Station) pending on the file of Additional District and Sessions Judge and FTSC-1, Hassan, registered for offences under Sections 137(2), 65(1), 127(3), 127(4) of BNS, Sections 4 and 6 of POCSO Act and under Section 9 and 10 of Prohibition of Child Marriage Act. - 3 - HC-KAR NC: 2026:KHC:9007 CRL.P No. 17425 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1/State. Inspite of service of notice, respondent No.2 remained absent and unrepresented. 3. Learned counsel for the petitioner would contend that the statement of the victim girl has been recorded under Section 183 of BNSS, twice one on 11.09.2025 and another on 10.10.2025. In the statement on 11.09.2025, she has alleged sexual intercourse by both accused Nos.1 and 2. In the statement recorded on 10.10.2025, she has alleged sexual intercourse by petitioner/accused No.1 and also marriage by petitioner with her by tying the Taali. The said allegation of marriage has not been stated in her statement recorded on 11.09.2025. The victim girl has not alleged any sexual intercourse by this petitioner in the history given by her before the Doctor at the time of her examination. The said allegation is against accused No.2. Considering the above aspect, there are contradictions in the statements of the victim girl. Victim girl is aged 17 - 4 - HC-KAR NC: 2026:KHC:9007 CRL.P No. 17425 of 2025 years and she is aware of the consequences of her acts. The petitioner is in judicial custody since 13.09.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. With this he prayed to allow the petition. 4. Per contra, learned HCGP for respondent/State would contend that petitioner took the victim girl to Bangalore and had sexual intercourse with her. The victim girl has stated the acts of this petitioner of having sexual intercourse with her in her both statements recorded under Section 183 of the BNSS. The petitioner, even knowing that the victim girl is minor, has married her and had forcible sexual intercourse with her. The charge sheet material show prima-facie case against the petitioner for offences alleged against him. With this he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:9007 CRL.P No. 17425 of 2025 6. As per charge sheet, the case of the prosecution is that CW.2 and CW.3 are friends. CW.2 is the victim girl and CW.3 is the wife of accused No.2. It is alleged that accused No.2 had introduced the petitioner with CW.2 and proposed their marriage and took the victim girl to a temple wherein accused No.1 has married CW.2 and thereafter had sexual intercourse on her on two dates. The statement of the victim girl has been recorded under Section 183 of BNSS for two times, one on 11.09.2025 and another on 10.10.2025. In the statement recorded on 11.09.2025, the victim has not alleged any marriage by this petitioner with her. But she has alleged of both accused Nos.1 and 2 committing sexual intercourse on her. The victim girl in her statement recorded on 10.10.2025 has not made any allegation against accused No.2 and she has alleged that this petitioner has married her and had sexual intercourse with her. Considering the two statements, there are contradictory statements by the victim girl. The victim girl in the history at the time of her - 6 - HC-KAR NC: 2026:KHC:9007 CRL.P No. 17425 of 2025 examination by the doctor has not alleged anything against this petitioner. The allegation made by her is against accused No.2. Considering the above aspects, whether the petitioner has committed offences alleged against him is a matter of trial. The petitioner is in judicial custody since 13.09.2025 and as 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 Petition is allowed. The petitioner is granted bail in S.C.No.422/2025 (Crime No.168/2025 of Channarayapatna Rural Police Station) pending on the file of Additional District and Sessions Judge and FTSC-1, Hassan, subject to following conditions: - 7 - HC-KAR NC: 2026:KHC:9007 CRL.P No. 17425 of 2025 (i) 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 trial Court. (ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly. (iii) Petitioner shall attend the trial Court on all dates hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 45