IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12289 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

VIJAYGOWDA @ VIJAY S/O VENKATESHGOWDA AGED ABOUT 28 YEARS R/O HARADURU VILLAGE KASABA HOBLI, ARAKALGUDU TALUK HASSAN DISTRICT-573 102 …PETITIONER (BY SRI. SANDEEPA S.H., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY ARAKALAGUD POLICE Digitally signed by REPRESENTED BY STATE PUBLIC PROSECUTOR LAKSHMINARAYANA MURTHY RAJASHRI HIGH COURT OF KARNATAKA Location: HIGH BANGALORE-560 001.

COURT OF KARNATAKA

2. VICTIM GUARDIAN REPRESENTED BY KAVITHA W/O MANJEGOWDA AGED ABOUT 49 YEARS HOSAKOPPALU THATTEKERE VILLAGE MALLIPATTANA HOBLI ARAKALGUDU TALUK HASSAN DISTRICT-573 130.

…RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1;

R2 PRESENT)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.150/2025 (CRIME NO.96/2025) OF ARAKALAGUDU POLICE AT, HASSAN, PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-I AT HASSAN, FOR THE OFFENCE PUNISHABLE UNDER SECTION 115(1) 318(4), 352, R/W 3(5), 351(2), 64 OF BNS AND PROHIBITION OF CHILD MARRIAGE ACT 2006, SECTION 9 AND 11, AND PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 SECTION 4, 6 AND 8, BY ALLOWING THIS PETITION.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the petitioner –accused No.1 under Section 483 of BNSS seeking grant of bail in Crime No.150/2025 of Arakalagudu Police Station, Hassan registered for offences punishable under Sections 115(1), 318(4), 352 read with Section 3(5), 351(2), 64 of Bharatiya Nyaya Sanhita, 2023, Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent. Respondent No.2 is also present and she was also heard in the matter.

3. Learned counsel for the petitioner would contend that accused No.2 -brother of the victim girl told the petitioner –accused No.1 that his sister has completed 18 years of age, she has no parents and asked him to marry her. Accordingly, the petitioner –accused No.1 has married the victim girl and lead marital life with the victim girl. He submits that due to minor differences, the victim girl approached the police and filed the complaint. He further submits that major portion of investigation has been completed and therefore, the petitioner –accused No.1 is not required for any custodial interrogation. With these, he prays to allow the petition and grant bail to the petitioner –accused No.1.

4. Per contra learned High Court Government Pleader would contend that the marriage of the petitioner –accused No.1 with the victim girl is child marriage. The petitioner and other accused created fake documents to show that the victim is aged 21 years and performed her marriage with the petitioner –accused No.1. The petitioner –accused No.1 against will of the victim girl had sexual intercourse with her for about 10 months after the marriage. The offences alleged against the petitioner are heinous offences punishable with death or imprisonment for life. On these grounds, he prays for dismissal of the petition.

5. Having heard leaned counsels, this Court has perused FIR, complaint and other materials placed on record.

6. The marriage of the petitioner –accused No.1 with the victim girl has taken place on 18.08.2024. As per the prosecution, the victim girl age is 16 years 02 months as on the date of marriage. As per first information filed by the victim girl, fake Aadhar Card has been created to show her age is 21 years and his brother –Ishwar and others have performed her marriage with the petitioner – accused No.1. The victim girl stayed with the petitioner –

accused No.1 for about 1