Sri. Pavan Kumar.M Vs State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (UNDER SECTION 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SPL.CC.No.1628/2025 ARISING OUT OF CR.No.367/2024 OF BAGALAGUNTE P.S., BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137(2),64,49 OF BNS, UNDER SECTION 6 OF POCSO ACT, UNDER SECTION 9 OF CHILD MARRIAGE RESTRAINT 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 petitioner –accused No.1

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under Section 483 of BNSS praying to grant bail in Special C.C.No.1628/2025 arising out of Crime No.367/2024 of Bagalagunte Police Station Bangalore registered for offences punishable under Sections 137(2), 64, 49, of BNS, Section 6 of Protection of Children from Sexual

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NC: 2026:KHC:3463 CRL.P No. 15997 of 2025

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HC-KAR

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Offences Act, 2012 and Section 9 of Child Marriage Restraint Act pending on the file of Additional City Civil and Sessions Judge, FTSC-II, Bangalore.

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Heard learned counsel for petitioner and

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learned High Court Government Pleader for respondent No.1 –State. Inspite of service of notices, respondent No.2 remained absent and unrepresented.

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Learned counsel for the petitioner would contend that the statement of the victim girl recorded under Section 183 of BNSS indicates that the victim and petitioner were having love affair. The petitioner has married the victim girl and took her to Hyderabad and both stayed together and led married life for nearly 09 months. The victim girl has not filed any complaint. The victim was aged about 17 years as on the date of offence and she was at the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since

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HC-KAR

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15.05.2025. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition.

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Per contra , learned High Court Government Pleader for respondent No.1 –State would contend that the petitioner has committed the offence. Victim girl is aged 17 years and the petitioner in the guise of marrying her took her and tied thali in front of photo of god and committed sexual intercourse on her and stayed with her for a period of 09 months in Hyderabad. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. With this, he prayed to reject the petition.

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

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As per charge sheet, the case of the prosecution is that the petitioner has induced C.W.2 stating that he is loving her and took her to house and tied

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HC-KAR

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thali to her and thereafter against her will has committed sexual intercourse 2 to 3 times and thereafter took her to Hyderabad and stayed with her and committed alleged offence.

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The statement of the victim girl has been recorded under Section 183 of BNSS, wherein she has specifically stated that she and petitioner were having love affair and she voluntarily went along with him. The victim girl is aged about 17 years and she is of the age of understanding the consequences of her acts. Now the charge sheet is filed and therefore, the petitioner is not required for custodial interrogation. The petitioner is in judicial custody since 15.05.2025. 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, the following

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HC-KAR

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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 C.C.No.1628/2025 arising out of Crime No.367/2024 of Bagalagunte Police Station Bangalore registered for offences punishable under Sections 137(2), 64, 49, of BNS, Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Child Marriage Restraint Act pending on the file of Additional City Civil and Sessions Judge, FTSC-II, Bangalore subject to 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 one surety for the likesum to the satisfaction of the trial Court.

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