IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 11280 OF 2025

[(439(Cr.PC) / 483(BNSS)]

BETWEEN:

1. PRAJWAL. K. J.

S/O. JAYANNA,

AGED ABOUT 23 YEARS,

R/AT: KABBALLI VILLAGE,

DUDDA HOBLI, HASSAN TALUK,

HASSAN - 01. …PETITIONER

(BY SRI. PRATHEEP.K.C., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REP. BY WOMEN POLICE,

HASSAN DISTRICT.

REP. BY ITS STATE PUBLIC PROSECUTOR,

Digitally signed by HIGH COURT OF KARNATAKA,

LAKSHMINARAYANA

BENGALURU - 560 001.

MURTHY RAJASHRI

Location: HIGH

COURT OF

KARNATAKA 2. KAMALA,

W/O GOVINDA,

KABBALLI, NEAR KOLADA ANJANEYA TEMPLE,

SIDDARTHANAGARA, HOLENARASIPURA,

HASSAN - 16.

…RESPONDENTS

(BY SMT. PUSHPALATHA B., ADDITIONAL SPP FOR R1;

R2 - SERVED - PRESENT)

THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT BAIL IN RELATION TO SPL.C.NO.174/2025 (CRIME NO.18/2025) PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I, FOR THE OFFENCE PUNISHABLE UNDER SECTION 64 OF BNS AND SECTIONS 4, 5(j) AND 5(n) OF POCSO ACT, BY HASSAN WOMEN POLICE, HASSAN DISTRICT.

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 sole accused under Section

483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Spl.C.No.174/2025 (Crime No.18/2025 of Hassan Women Police Station), registered for offences punishable under Section 64 of Bharatiya Nyaya Sanhita, 2023 and Section 4, 5(j) and 5(n) of Protection of Children from Sexual Offences Act, pending on the file of Additional District and Sessions Judge, FTSC-I, Hassan.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent No.1 - State.

3. The mother of the victim girl who is present before the Court submits that, if the petitioner and his father are ready to perform marriage of the petitioner with the victim girl, they have no objection for grant of bail. The victim girl is also present along with her male child aged about six (6) months. The victim girl has also stated that, she will marry the petitioner after she attaining the age of eighteen (18) years.

4. Learned counsel for petitioner would contend that, there was a love affair between the petitioner and the victim girl and they had a physical contact and as a result, the victim girl became pregnant and gave birth to a male child. The victim girl was aged sixteen (16) years as on the date of incident. The petitioner is now ready to marry the victim girl and his father has filed the affidavit dated 27.11.2025 to that effect before this Court. With these, he prayed to allow the petition.

5. Per contra, learned Additional State Public Prosecutor for respondent No.1 would contend that, due to the act of this petitioner, the victim girl became pregnant and she gave birth to a male child. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition.

6. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.

7. The date of birth of the victim girl as per her school records is 06.08.2008. The victim girl was studying in I year P.U.C. in Women Government P.U. College, Hassan. The victim girl in her statement recorded under Section 183 of Bharatiya Nagrika Suraksha Sanhita, 2023 has stated that, the petitioner during September, 2024 had sexual intercourse with her and when she was examined by the doctor on 25.03.2025, she was made known that she is pregnant. It is submitted that, the victim girl has now given birth to a male child on 29.06.2025. Now, the investigation is over and the charge sheet has been filed against the petitioner for the aforesaid offences.

8. Learned counsel for petitioner has filed the affid