IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 151 OF 2025 BETWEEN:

ERAPPA @ VEERESHA, S/O CHIKKAPPA, AGED ABOUT 25 YEARS, OCC: AGRICULTURIST, R/O NEAR JUNJAPPANA TEMPLE, HUNASEKATTA, GOLLARAHATTI, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 517.

…PETITIONER (BY SRI. R B DESHPANDE., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION, CHITRADURGA.

Digitally CHITRADURGA EXTENSION CIRCLE, signed by CHIRADURGA - 577 501.

KAVYA R (REP BY STATE PUBLIC PROSECUTOR, Location:

High Court HIGH COURT BUILDINGS, of Karnataka BENGALURU - 560 001)

2. XXX XXX, …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R-1;

R-2 SERVED)

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C(POCOS) NO.175/2024, PENDING ON THE FILE OF SPECIAL 2^ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA, IN CR.NO.99/2024 OF CHITRADURGA WOMEN P.S., CHITRADURGA, CHARGE SHEETED FOR THE OFFENCES P/U/S 137(2), 64(2)(m), 190 OF BNS, 2023, SEC.17, 4, 6 OF POCSO ACT, 2012, SEC.9, 10, 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, PENDING THE TRAIL.

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

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in SPL.C(POCSO) No.175/2024 pending before the Court of II Additional District and Sessions Judge and FTSC, Chitradurga, arising out of Crime No.99/2024 registered by Chitradurga Women Police Station, Chitradurga, for offences punishable under Sections 137(2), 64(2)(m), 190 of BNS 2023 and Sections 17, 4, 6 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act') and Section 9, 10, 11 of Prohibition of Child Marriage Act, 2006 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent No.2, who is served in the matter has remained unrepresented before this Court.

3. FIR in Crime No.99/2024 was registered by Chitradurga Women Police Station, Chitradurga, initially for offence punishable under Section 137(2) of BNS Act, 2023 against unknown persons based on first information dated 15.08.2024 received from respondent No.2 who is the mother of victim girl aged about 17 years.

4. During the course of investigation of the case, the petitioner and the victim girl were traced together. Petitioner was arrested on 12.09.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and chargesheet is now filed against five persons. Petitioner is arraigned as accused No.1 in chargesheet. Bail application filed before the Trial Court in SPL.C(POCSO) No.175/2024 was rejected on 19^th December, 2024. Therefore, petitioner is before this Court.

5. Perusal of the material on record would go to show that the victim girl who was studying in 2^nd year PUC had left her house on 14.08.2024 and had not returned home. Efforts made to trace her had failed and therefore her mother had approached the police on 15.08.2024 and based on her first information, FIR in Crime No.99/2024 was registered against unknown persons.

6. During the course of investigation, the petitioner and the victim girl were traced together. Petitioner was arrested on 12.09.2024. Investigation of the case is completed and chargesheet has been filed. Statement of the victim girl under Section 183 of BNSS, 2023 was recorded by the Jurisdictional Magistrate on 13.09.2024. In the said statement the victim has stated that her parents were making efforts to get her married with her uncle. She is in love with the petitioner and she was not willing to marry her uncle. Therefore, she had decided to leave her house and on 14.08.2024, she had left her house and had gone along with the petitioner and thereafter, they got married and stayed togethe