O Boranna Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN THEIR CRIME NO.102/2025 PENDING ON THE FILE OF SPECIAL II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN SPL.CASE NO.181/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 64(2)(m) OF BNS, 2023, UNDER SECTIONS 4(j)(ii), 5(L), 6 OF POCSO ACT AND UNDER SECTION 9 OF CHILD MARRIAGE RESTRAINT ACT.

¶24

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

¶25

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

¶26

ORAL ORDER

¶27

This petition is filed by sole accused under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Special Case No.181/2025 (Crime No.102/2025 of Nayakanhatti Police Station), pending on the file of Special II Additional District and Sessions Judge, Chitradurga, registered for offences punishable under Sections 64(2)(m) of Bharatiya Nyaya Sanhita, 2023, Sections 4, 5(j)(ii), 5(L) and 6 of Protection

¶28

3 -

¶29

NC: 2026:KHC:1739 CRL.P No. 16306 of 2025

¶30

HC-KAR

¶31

of Children from Sexual Offences Act and Section 9 of Child Marriage Restraint Act.

¶32

Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State. Respondent No.2 is present submits no objection for grant of anticipatory bail to the petitioner. Along with respondent No.2, the victim girl, her child and mother of the victim girl are also present.

¶33

Learned counsel for petitioner would contend that, the complaint has not been filed by the parent of the victim girl and it has been filed by the Supervisor of Child Welfare Committee. The petitioner has married the victim girl and lead marital life and therefore the victim girl became pregnant. When victim girl went to the hospital for delivery, the complaint has been filed. The victim girl gave birth to a female child on 29.07.2025. The victim girl along with her child are residing in her parents' house. He further submits that, the petitioner is ready to take care of

¶34

4 -

¶35

NC: 2026:KHC:1739 CRL.P No. 16306 of 2025

¶36

HC-KAR

¶37

the victim girl and newborn female child. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition.

¶38

Per contra, learned High Court Government Pleader for respondent No.1 - State would contend that, the charge sheet materials show that, there is a primafacie case against the petitioner for offences alleged against him. The victim was minor as on the date of alleged offence. With these, he prayed for dismissal of the petition.

¶39

Having heard the learned counsels appearing

¶40

for parties, the Court has perused the charge sheet and other materials placed on record.

¶41

As per charge sheet, the case of the prosecution is that the victim girl and the petitioner were in close intimacy and when the parents of victim girl were searching for bride groom for her, at that time, the victim girl secured the petitioner and told him that if he doesn't

¶42

5 - NC: 2026:KHC:1739 CRL.P No. 16306 of 2025

¶43

HC-KAR

¶44

marry her, she will die and therefore, the petitioner took her and married her in a temple and they lead marital life for three (3) months. As a result, she became pregnant and gave birth to a female child on 29.07.2025 in the hospital. The petitioner has been shown as absconding in the charge sheet. The petitioner apprehends his arrest. The petitioner is aged twenty eight (28) years and is stated to be ready to take care of the victim girl and child born to her. The complaint has not been filed by the parents of the victim girl. The parents of the victim girl who are present before the Court have submitted no objection for grant of anticipatory bail to the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner.

¶45

Considering all the above aspects, the petitioner

¶46

has made out a case for grant of anticipatory bail with conditions. In the result, the following;

¶47

6 - NC: 2026:KHC:1739 CRL.P No. 16306 of 2025

¶48

HC-KAR

¶49

ORDER

¶50

The Criminal Petition is allowed . The petitioner is granted anticipatory bail in Special Case No.181/2025 (Crime No.102/2025 of Nayakanhatti Police Station), pending on the file of Special II Additional District and Sessions Judge, Chitradurga and is ordered to be released on bail in the event his arrest, subject to following conditions:

¶51

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the trial Court.

¶52