Court may grant bail when investigation is complete and no further custodial interrogation is necessary, especially with family support for marriage.

ORAL ORDER

1. Learned HCGP accepts notice for respondent No.1.

2. Learned counsel Sri. B. Pramod undertakes to appear for respondent No.2.

3. The petitioner is before this Court seeking for the following relief:

" THEREFORE, it is respectfully prayed that this Hon’ble Court may kindly be pleased to enlarge the petitioner on bail in case no. Spl(POSCO) no.12/2025 in Cr.No.230/2024 in Chikkajajur police under Sec 137(2), 64(2)(M), 65(1) under BNS Act, Sec 4, 6 & 18 under POSCO act- 2012, under Sec 75JJ Act and also under Sec 9 of the Prohibition of Child Marriage Act -2006 which is pending on the file Special 2^nd Addl. And Sessions Judge, Chithradurga. In by allowing this petition, in the interest of justice and equity."

4. Respondent No.2 has filed FIR in Cr.No.230/2024 alleging that her daughter was missing. Subsequently, investigation has been completed and chargesheet has been laid for offences under Section 137(2) of the BNS Act against the petitioner. The petitioner is before this Court seeking for regular bail on the ground that the petitioner has been in judicial custody from 12.12.2024. The investigation has been completed. There is no further custodial interrogation of the petitioner required.

5. Learned counsel for the respondent submits that the complaint initially filed was one as regard her daughter being missing. The petitioner is the maternal uncle of the victim. There were talks of marriage between both of them which was held among the family members. At the time when the complaint was filed the respondent No.2 did not in any manner suspect the petitioner. His submission is that in far as respondent No.2 and her family is concerned, they have no objections for the above application to be allowed since it has been agreed that the petitioner and the victim would marry each other. His further submission is that if the petitioner is continued to be in custody, the very marriage proposal would be put at risk. The complainant himself has come forward to contend that the petitioner may be released on bail considering that the petitioner and the victim are related to each other and are proposed to get married to each other.

6. In such circumstances, the petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita is allowed. The petitioner shall be released on bail in connection with Crime No.230/2024 of Chikkajajur Police Station, Holalkere Sub-Division for the offence punishable under Section 137(2) Bharatiya Nagarik Suraksha Sanhita , 2023 pending on the file of the Special II Addl. and Sessions Judge, Chithradurga, subject to the following conditions:

i. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with surety for the likesum to the satisfaction of the jurisdictional Court;

ii. The petitioner shall appear before the Committal Court on every date of hearing;

iii. The petitioner shall co-operate in the conclusion of the trial in the said proceedings.

iv. The petitioner shall not threaten or tamper the prosecution witness/s in any manner.

v. The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered is disposed of.

vi. The petitioner shall furnish list of movable and immovable property held by him to the said Court.

vii. The petitioner shall furnish his mobile number, WhatsApp number, E-mail ID (if available), to enable him to be contacted. He is directed not to change any of the above until completion of trial.