Back
IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.VISHWAJITH SHETTY
Suresh, S/o. Devendrappa – Appellant
Versus
State Of Karnataka, Through Siruguppa Police Station, Ballari, Represented By Addl. SPP, High Court Of Karnataka – Respondent
ORDER :
S. VISHWAJITH SHETTY, J.
1. The accused in Special Case No.658 of 2025, pending before the Court of Addl. District and Sessions Judge, FTSC-I, Ballari, arising out of Crime No.11 of 2025 registered by Siruguppa P.S., Siruguppa Circle, Ballari District for the Offences punishable under Section 137(2) and 64(2)(m) of the BNS, 2023 and Sections 8 , 6, 5(L), 4(2) of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 483 of the BNSS, 2023 seeking Regular Bail.
2. Heard the learned counsel appearing for the parties.
3. FIR in Crime No.11 of 2025 was registered by Siruguppa P.S., Ballari District against unknown persons initially for the offence punishable under Section 137(2) of the BNS, 2023, based on the first information dated 22.01.2025 received from respondent No.2, who is the mother of the victim girl, who was aged about 17 years 10 months as on the date of registration of the FIR. During the course of investigation, the petitioner and the victim girl were traced together on 12.03.2025 and brought back to their village. The petitioner was arrested on 13.03.2025 and subsequent
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 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 may grant bail even in serious allegations if the peculiar facts and circumstances of the case justify such a decision.
The court established that the victim's voluntary marriage and lack of allegations against the accused are significant factors in considering bail under the POCSO Act.
The court determined that the absence of allegations against the petitioner and completion of investigation warranted bail under the POCSO and BNS Act.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
