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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
T.M. NADAF
Sachin, S/o. Sidhya @ Sitaram Chavan – Appellant
Versus
State of Karnataka, Through Gurumitkal Police Station, Now Represented By Addl. SPP High Court of Karnataka – Respondent
ORDER :
(T.M. NADAF, J.)
This petition is filed by accused No.1 seeking for regular bail under Section 4 83 of BNS S, 2023 in Crime No.15/2025 registered by the Gurumitkal Police Station, Yadgiri Sub-Division, District Yadigiri, for the offences punishable under Sections 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 , under Sections 6 4 (2)(m), 65(1) of Bharatiya Nyaya Sanhita, 2023 [for short, ‘the BNS , 2023’] and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 [for short, ‘the POCSO Act’].
2. Brief facts for filing of the petition are as under:
The Child Development Project Officer (CDPO) of Gurumitkal on 23.01.2025 filed a written complaint before the Police Inspector, Gurumitkal Police Station alleging that he has received a credible information that the victim girl aged 15 years was married to petitioner by her parents on 20.11.2024 at about 9.00 P.M., in the house of accused Nos.2 and 3. On 15.01.2025, the CDPO along with Smt. Ashabegum – District Co-ordinator, Yadigiri visited the house of accused Nos.2 and 3 and found the door was locked. After an enquiry with the neighbours, it was found that the petitioner has lost his parents 9-10
The court may grant bail even in serious allegations if the peculiar facts and circumstances of the case justify such a decision.
Bail under Section 483 BNSS, 2023 may be granted when the victim attains majority, marriage is valid, and the accused has no criminal antecedents with prolonged custody exceeding five months.
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
Point of law : Rape offence - Even if the minor girl gives 'no objection' to release the accused in an heinous crime like rape on a minor girl and granting bail to the accused is nothing but giving l....
The court emphasized that bail should not be denied solely based on serious accusations, especially without substantive evidence of coercion or a criminal history.
The court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
The timing of the sexual acts in relation to the marriage and the peculiar facts and circumstances of the case influenced the court's decision to grant bail.
The court considered the changed circumstances and lack of evidence in favor of the prosecution in allowing the bail petition.
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