Rajesh v Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.313/2024 AND SPL.SC. No.161/2024, OF CHINTAMANI RURAL POLICE STATION, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION, 376(2)(n) 506 OF IPC AND U/S 6,8,5(j) (ii) OF POCSO ACT.

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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 sole accused under Section 483 of BNSS praying to grant bail in Spl.S.C. No. 161/2024 (arising out of Crime No. 313/2024 of Chintamani Rural Police Station) registered for offences punishable under Sections 376(2)(n) and 506 of IPC and Sections 6, 8, 5(j)(ii) of POCSO Act pending on the file of IV Additional District and Session Judge, Chikkaballapura.

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Heard learned counsel for petitioner and learned Additional SPP for respondent No. 1 – State.

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NC: 2026:KHC:221 CRL.P No. 12612 of 2025

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HC-KAR

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Victim girl and her mother are present before the Court and submit that the petitioner and his parents have agreed for marriage of petitioner with the victim girl after she attaining the age of majority. Therefore, they have no objection for grant of bail to the petitioner.

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Smt. Adilakshmamma – mother of petitioner is present and she submits that she is ready to perform the marriage of the petitioner with the victim girl after the victim girl attaining the age of majority. She further submits that petitioner is the father of child born to the victim girl.

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Learned counsel for petitioner would contend that the petitioner is in judicial custody since 19.08.2024. The evidence of the victim girl has already been recorded. Now the petitioner's family has agreed for marriage of petitioner with the victim girl after she attaining the age of majority. As charge sheet is filed, petitioner is not required for custodial interrogation. With this he prayed to allow the petition.

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NC: 2026:KHC:221 CRL.P No. 12612 of 2025

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HC-KAR

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Per contra, learned Additional SPP would

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contend that due to the act of this petitioner having sexual intercourse on the victim girl she became pregnant and subsequently gave birth to a male child on 14.11.2024. Charge statement material show prima facie case against the petitioner. With this, he prayed to reject the petition.

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

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Case of the prosecution is that petitioner had sexual intercourse with the victim girl several times due to which the victim girl became pregnant. Subsequent to filing of charge sheet, the victim girl gave birth to a male child on 14.11.2024. The victim girl who is present before the Court submits that blood samples have been collected for DNA test. Petitioner’s mother admit that petitioner is the biological father of the child born to the victim girl.

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Petitioner’s mother has agreed to perform the

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marriage of the petitioner with the victim girl after the

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NC: 2026:KHC:221 CRL.P No. 12612 of 2025

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HC-KAR

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victim girl attains the age of majority. The victim girl and her mother have also agreed for the said marriage of the petitioner with the victim girl after she attaining the age of majority.

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Date of birth of the victim girl is 22.08.2008.

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She will attain majority on 22.08.2026. Parents of the petitioner have to perform the marriage of the petitioner with the victim girl within 1 month from 22.08.2026.

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Considering the above aspects petitioner has

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made out case for grant of bail with conditions.

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In the result, the following;

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O R D E R

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Petition is allowed. Petitioner is granted bail in Spl.S.C. No. 161/2024 (arising out of Crime No. 313/2024 of Chintamani Rural Police Station) pending on the file of IV Additional District and Session Judge, Chikkaballapura

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subject to following conditions:

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I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court.

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NC: 2026:KHC:221 CRL.P No. 12612 of 2025

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HC-KAR

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II. Petitioner shall not tamper the prosecution witness either directly or indirectly.

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III. Petitioner and his parents shall file an affidavit undertaking to perform the marriage of the petitioner with the victim girl within one month from 22.08.2026.

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IV. Petitioner shall attend the trial Court on all dates of hearing, unless exempted, and cooperate for speedy disposal of the case.

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If the marriage of the petitioner with the victim girl is not performed within one month from 22.08.2026, bail granted to the petitioner shall stand cancelled and petitioner has to surrender immediately.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS List No.: 1 Sl No.: 34 Ct.sm

Rajesh v. Vs the State of Karnataka

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Rajesh v. Vs the State of Karnataka

Case brief

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