Sri. Shivakumara N Vs State of Karnataka

THE CHILD DEVELOPMENT OFFICER TALUK PANCHAYAT CHINTAMANI 2ND FLOOR, BUILDING DOUBLE ROAD, NEAR RAGHAVENDRA TEMPLE CHINTAMANI TOWN CHIKKABALLAPUR - 563 101.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRIMINAL PETITIN IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON

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HC-KAR

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BAIL IN SPL.SC.NO.54/2025, IN CR.NO.14/2025 OF CHINTAMANI TOWN P.S. CHIKKABALLAPURA DISTRICT (1ST RESPONDENT HEREIN) WHICH IS NOW PENDING ON THE FILE OF THE IV ADDL.DISTRICT AND SESSIONS JUDGE CHIKKABALLAPURA, FOR THE OFFENCE P/U/S 137(2),127(4),87,64 OF BNS AND SEC.6,17 OF POCSO ACT 2012 AND SEC.9,10,11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the petitioner -accused No.1

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under Section 483 of BNSS praying to grant of bail in Special S.C.No.54/2025 pending on the file of the IV Additional District and Sessions Judge, Chikkaballapur arising out of Crime No.14/2025 of Chintamani Town Police Station registered for offences punishable under Sections 137(2), 127 (4), 87 and 64 of BNS, 2023, Sections 6 and 17 of Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006.

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HC-KAR

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for respondents.

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Learned counsel for the petitioner would

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contend that there was love affair between accused No.1 and the victim girl and therefore, parents of the petitioner –accused No.1 and parents of the victim girl performed their marriage. After marriage, the victim girl resided with the petitioner in his house and they lead marital life and due to which victim girl become pregnant. Accused Nos.2 to 5 have been granted anticipatory bail by Sessions Court. The charge sheet is filed and therefore, the petitioner –accused No.1 is not required for custodial interrogation. Now the victim girl has given birth to a child and she is residing with parents of the petitioner. With these, he prayed to allow the petition and grant bail to the petitioner –accused No.1.

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Per contra learned High Court Government

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Pleader for respondent would contend that the victim girl was aged 16 years as on the date of offence. Statement of

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HC-KAR

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the victim girl has been recorded under Section 183 of BNSS. The charge sheet materials show prima facie case against the petitioner –accused No.1. If the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With these, he prayed for dismissal of the petition.

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Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record.

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The accusation against the petitioner as per

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charge sheet is that there was love affair between petitioner and the victim girl and considering the same, parents of victim and petitioner have performed their marriage in a temple and thereafter, the victim girl started residing with petitioner -accused No.1 and the petitioner had sexual intercourse with the victim and she became pregnant. The victim girl stated to be aged 16 years as on the date of her marriage with the petitioner. A case came to be registered by CDPO when victim girl went to hospital

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HC-KAR

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to get a treatment for her pregnancy. The victim is of the age of understanding the consequences of her acts. There is no any complaint either by the victim or by her parents. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

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In the result, in the following

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ORDER

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i) The petition is allowed.

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ii) The petitioner is granted bail in Special S.C.No.54/2025 pending on the file of IV Additional District and Sessions Judge, Chikkaballapur arising out of Crime No.14/2025 of Chintamani Town Police Station subject to

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following conditions;

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a) The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with

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