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.

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 subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the trial Court was rejected. Therefore, he is before this Court.

4. The first information was submitted by the mother of the victim girl, after the victim girl was found missing from their house on 20.01.2025. The efforts made to trace her had failed and therefore, the first informant had approached the Police on 22.01.2025. During the course of investigation, the petitioner and the victim girl were traced together at Kalaburagi on 12.03.2025 and subsequently the petitioner was arrested on 13.03.2025 and remanded to judicial custody.

5. The statement of the victim girl under Section 183 of the BNSS, 2023 was recorded by the jurisdictional Magistrate on 20.03.2025. As on the said date, the victim girl was aged about 18 years 13 days. The victim girl has stated that she and the petitioner were in love and after her parents and relatives came to know about the same, they intended to perform her marriage with some other boy. Therefore, she and the petitioner had left their house on 20.01.2025 and travelled in the motorbike of the petitioner to Raichur and subsequently in the same motorbike, they have travelled from Raichur to Kalaburagi and got married. Therefore, they stayed in a rented premise at Kalaburagi and lived as husband and wife. On 12.03.2025 the Police came to their house and brought them back to their village, she has stated that she and the petitioner had sexual intercourse and when she was apprehended along with the petitioner on 12.03.2025, she was pregnant. The investigation of the case is completed and the charge sheet has been filed.

6. The material on record would go to show that the petitioner aged about 24 years and the victim girl who is now completed 18 years of age are married. Undisputedly, the petitioner has no criminal antecedents and he is in custody for last more than five months. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:

ORDER

The Criminal Petition is allowed. The petitioner – accused is directed to be enlarged on bail 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, subject to the following conditions:

(i) The petitioner – accused