Criminal Petition No. 5919 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20575 CRL.P No. 5919 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5919 OF 2025 BETWEEN: LAKSHMAN S/O HANUMANTHARAYAPPA AGED ABOUT 30 YEARS, RESIDING AT NO.232, 14TH MAIN ROAD, GOKULA 1 STAGE, MATHIKERE, BENGALURU-560 054. (ACCUSED NOW IN JUDICIAL CUSTODY) (BY SRI DINESH B V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BENGALURU DISTRICT WOMEN POLICE STATION REP. BY PUBLIC PROSECUTOR, DISTRICT COMPLEX, BENGALURU -560 009. 2. KAVYA .G.P. W/O PRAKASH AGED ABOUT 28 YEARS, RESIDING AT DCPU BEERASANDRA, D.C. OFFICE, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT.
Legal Reasoning
Act, is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. - 3 - NC: 2025:KHC:20575 CRL.P No. 5919 of 2025 HC-KAR 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 is served, but unrepresented. 3. First Information Report in Crime No.208/2024 was registered by Bengaluru District Women Police Station, Bengaluru for the aforesaid offences against the petitioner herein, based on the first information dated 17.12.2024 submitted by the respondent No.2 who was working as Superintendent, District Children Protection Unit, Bengaluru Rural District. 4. During the course of investigation of the case, petitioner was arrested on 04.02.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court in Crl.Misc.488/2025 was rejected on 25.03.2025. Therefore he is before this Court. 5. Learned counsel for the petitioner submits that material on record shows that petitioner and the victim girl who is aged about 17 years are married and the victim girl has now - 4 - NC: 2025:KHC:20575 CRL.P No. 5919 of 2025 HC-KAR delivered a male child on 21.12.2024. The mother and newly born child are required to be taken care of by the petitioner. Investigation of the case is already completed. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition on the ground that victim girl is a minor and therefore, the alleged offences would get attracted against the petitioner. Accordingly, she prays to dismiss the petition. 7. First information was submitted by the respondent No.2, after she received the information that victim girl who was a minor, had married the petitioner and subsequently, she had conceived. During the course of investigation, petitioner was arrested on 04.02.2025. 8. Material on record would go to show that after FIR was registered against him, the victim girl has given birth to a male child on 21.12.2024. In her statement before the police the victim has stated that she was love with the petitioner and she had left her house and eloped with the petitioner. Subsequently they got married and lived as husband and wife - 5 - NC: 2025:KHC:20575 CRL.P No. 5919 of 2025 HC-KAR and when she had gone to the hospital for her medical checkup with her mother, the police complaint was registered against the petitioner. 9. The statement of the victim girl was recorded before the jurisdictional Magistrate under Section 183 of BNSS 2023. In the said statement victim girl has not made any allegations against the petitioner. Investigation of the case is completed and charge sheet has been filed. The petitioner has no criminal antecedents. Considering the background, in which the case was registered against the petitioner and also the statement made by the victim girl before the learned Magistrate under Section 183 of BNSS 2023, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case. 10. Accordingly, the following:
Arguments
(BY SMT.WAHEEDA.M.M, HCGP) …PETITIONER …RESPONDENTS Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:20575 CRL.P No. 5919 of 2025 HC-KAR THE RELEASE PETITIONER THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITIONER IN AND SPL.C.C.NO.106/2025 (ARISING OUT OF CRIME NO.208/2024) OF BENGALURU DISTRICT WOMEN POLICE STATION FOR AN ALLEGED OFFENCE P/U/S 137(2) OF BNS SEC.4(1),5(L),5(n),6 OF POCSO ACT AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT PENDING ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT AT BENGALURU (FTSC I). BAIL ON THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Special C No.106/2025, pending before the Court of Additional District and Sessions Judge, FTC – I, Bengaluru Rural District, arising out of Crime No.208/2024, registered by Bengaluru District Women Police Station, Bengaluru for the offences punishable under Sections 137 (2) of Bharatiya Nyaya Sanhita (‘BNS’ for short) 2023, Section 4(1), 5(L), 5(n), 6 of Prohibition of Child Marriage (‘POCSO’ for short) Act, 2006 and Section 9 of Prohibition of Child Marriage
Decision
ORDER (i) The Criminal Petition is allowed. - 6 - NC: 2025:KHC:20575 CRL.P No. 5919 of 2025 HC-KAR (ii) The petitioner is directed to be enlarged on bail Special C.No.106/2025, pending on the file of the Additional District and Sessions Judge, FTSC-I, Bengaluru Rural District, Bengaluru, arising out of Crime No.208/2024 registered by Bengaluru District Women Police Station, for the offences punishable under Sections 137 (2) of BNS, 2023, Section 4(1), 5(L), 5(n), 6 of POCSO Act, 2006 and Section 9 of Prohibition of Child Marriage Act, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of - 7 - NC: 2025:KHC:20575 CRL.P No. 5919 of 2025 HC-KAR the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE MR