The court may grant bail even in serious allegations if the peculiar facts and circumstances of the case justify such a decision.

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 years back from the date of the incident and he had gone to Hyderabad subsequent to marriage with victim girl on 20.11.2024. On 16.01.2025, the CDPO and Smt. Asha Begum visited the house of the parents of the victim girl and they were informed by the parents of the victim girl that they have engaged their daughter with accused No.1 and they have gone to Hyderabad for Coolie work. On enquiry with neighbours they have got the information that, the victim girl was married on 20.11.2024 with accused No.1. After such information, the CDPO registered a complaint before the police for the offences punishable under Sections 9 , 10 and 11 of Prohibition of Child Marriage Act, 2006 against the petitioner and the parents of victim girl. On 17.03.2025, it is alleged that, the victim girl appeared before the police station and recorded her statement before the WPSI, wherein she has alleged that though she had not consented for the marriage in view of her minority, her parents insisted her to marry the petitioner - accused No.1 on 20.11.2024 at about 9.30 P.M., in her parents’ house. Subsequent to the marriage, accused No.1 on several occasions had forcible sexual intercourse against her consent. Based on the alleged statement of the victim girl, Sections 6 4 (2)(m) , 65(1) of BNS , 2023 and Sections 4 and 6 of POCSO Act comes to be added to Crime No.15/2025 registered by the Gurumitkal Police Station. The petitioner was arrested on 17.03.2025 and he is in judicial custody since then.

3. Heard Sri Basavaraj C. Jaka, learned counsel appearing for the petitioner, Sri Sheshadri Jaishankar, learned AGA appearing for respondent No.1 – State and Sri S. V. Deshmukh, learned counsel appearing for respondent No.2 – victim girl and perused the records.

4. Sri Basavaraj C. Jaka submits that, the parents of the victim girl arranged the marriage with the petitioner and they have not disclosed anything regarding her age prior to the marriage or after the marriage, there was no opposition by the victim girl for the marriage. As per his instructions the victim girl had disclosed that she is major at the time of marriage and both have gone to do Coolie work in Hyderabad and lived a happy married life. Subsequently, on the complaint of the CDPO on 23.01.2025, the petitioner and the parents of the victim girl received an information and had been to the police station. At that point of time, the petitioner was arrested by the police. The parents of the victim girl were released on Anticipatory bail by the Sessions Court in Crl.Misc No.110/2025. Accordingly, learned counsel for the petitioner seeks to admit the petitioner on bail.

5. Per contra, learned AGA vehemently submits that the victim girl was just 15½ years at the time of marriage. Her parents and the petitioner insisted for the