Criminal Petition No. 8364 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25716 CRL.P No. 8364 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8364 OF 2025 BETWEEN: SRI MALLIKARJUNA @ MALLI S/O BHIMARAYA, AGED ABOUT 23 YEARS R/AT DEVALAPURA VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT-560067 (BY SRI GAURAV SUBRAMANYAM, ADVOCATE) …PETITIONER
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA AND: 1. STATE OF KARNATAKA BY ANUGONDANAHALLI P.S, BANGALORE RURAL REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU-560 001 2. XXX
Legal Reasoning
(BY SMT.WAHEEDA.M.M, HCGP FOR R1; R2 -SERVED) …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S 483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C.No.322/2025 OF THE RESPONDENT No.1 ANUGONDANAHALLI POLICE STATION, BENGALURU RURAL FOR THE OFFENCE PUNISHABLE UNDER SECTION 87,64(2)(ii) OF BNS AND UNDER SECTION 4(1),5(L),6,12 OF POCSO ACT, AND UNDER SECTION 9,10,11 OF CHILD - 2 - NC: 2025:KHC:25716 CRL.P No. 8364 of 2025 HC-KAR MARRIAGE ACT PENDING ON THE FILE OF THE HON’BLE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC II) COURT AT BENGALURU RURAL DISTRICT. 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 case No.322/2025, pending before the Court of Additional District and Sessions Judge, (FTSC – II), Bengaluru Rural District, Bengaluru, arising out of Cr.No.18/2025, registered by Anugondanahalli police station, Bengaluru for offences punishable under Sections 87, 64 (2) (ii) of BNS 2023 and Section 4 (1), (5) (L) of POCSO (‘Protection of Children from Sexual Offences’ for short) Act and Section 9, 10 and 11 of Prohibition of Child Marriage Act, is before this Court under Section 483 of BNS 2023 seeking regular bail. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. Respondent No.2 who is served in the matter has remained unrepresented before this Court. 3. First Information Report in Cr.No.18/2025 was registered by Anugondanahalli police station, Bengaluru, - 3 - NC: 2025:KHC:25716 CRL.P No. 8364 of 2025 HC-KAR initially for the offence punishable under Section 137 (2) of BNS 2023 against unknown person based on the first information dated 08.02.2025 received from respondent No.2 who is the father of the victim girl who was allegedly aged about 17 years, 7 months as on the date of registration of FIR. 4. During the course of investigation, petitioner and victim girl were traced together. The petitioner was arrested on 13.02.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against the accused for the aforesaid offences. His bail application before the Trial Court in Crl.Misc.No.949/2025 was rejected on 09.06.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the marriage of the petitioner with the victim girl was performed on 07.02.2025 in the presence of elders and relatives of the petitioner. Parents of the victim girl were opposing the marriage. Subsequently the marriage was also registered before the jurisdictional office of the Registrar of Marriage on 10.02.2025. Petitioner who has no criminal antecedent is in - 4 - NC: 2025:KHC:25716 CRL.P No. 8364 of 2025 HC-KAR custody from 13.02.2025. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. 7. In the first information submitted by the father of the victim girl he has stated that his daughter aged about 17 years 7 months was found missing from their house on 06.02.2025. The efforts made to trace her had failed and therefore he had approached the police on 08.02.2025. 8. Learned counsel for the petitioner has produced copy of the certificate of registration of marriage of the petitioner with the victim girl. Perusal of the same would go to show that marriage of the victim girl with the petitioner was solemnized on 07.02.2025 and subsequently marriage was registered before the jurisdictional office of the Registrar of Marriage on 10.02.2025. 9. Though the prosecution has contended that the victim girl was a minor and has placed reliance on her school records in support of said contention, since the marriage of the - 5 - NC: 2025:KHC:25716 CRL.P No. 8364 of 2025 HC-KAR petitioner with the victim girl has been registered in the present case a presumption arises that the victim was major as on the date of her marriage. 10. Marriage of the victim girl with the petitioner was performed on 07.02.2025 whereas the complaint was lodged in the present case on 08.02.2025. The victim girl in her statement recorded under Section 183 of BNS 2023 has not made any allegation against the petitioner alleging forcible sexual intercourse with her against her wishes. Petitioner who has no other criminal antecedent is in custody from 13.02.2025. Investigation of the present case is completed and charge sheet has been filed. Under circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following:
Decision
ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Special C.No.322/2025, pending before the Court of Additional District and Sessions Judge (FTSC-II), Bengaluru Rural District, - 6 - NC: 2025:KHC:25716 CRL.P No. 8364 of 2025 HC-KAR Bengaluru, arising out of Crime No.18/2025, registered by Anugondanahalli Police, for the offences punishable under Sections 87, 64 (2) (ii) of BNS 2023 and Section 4 (1), (5) (L) of POCSO Act and Section 9, 10 and 11 of Prohibition of Child Marriage Act, subject to 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) 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) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) Petitioner shall not involve in similar offences in future; e) Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. MR Sd/- (S VISHWAJITH SHETTY) JUDGE