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2025 Supreme(Online)(Kar) 440587
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Shivashankar Amarannavar, J
RAVI M – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRIMINAL PETITION No. 16212 OF 2025
For the Appellants/Petitioners: Pratheep K.C
For the Respondents: Channappa Erappa
Bail may be granted in cases involving minors where the victim's statement indicates a consensual relationship and marriage, the investigation is complete (charge sheet filed), and the accused has no criminal antecedents.
Headnote:The case involves allegations under Sections 137(2) and 64 of the Bharatiya Nyaya Sanhita, 2023, Sections 5(j), 5(l), and 6 of the POCSO Act 2012, and Section 9 of the Prohibition of Child Marriage Act. The petitioner was accused of enticing a minor girl, marrying her, and engaging in sexual intercourse which resulted in pregnancy. The court noted that the victim's statement recorded under Section 183 of the BNSS indicated a consensual love affair and marriage, suggesting an absence of force or coercion. The primary issue was whether the petitioner was entitled to bail given the nature of the charges. The court reasoned that since the victim's own statement supports the claim of a consensual relationship and marriage, and because the charge sheet has already been filed, custodial interrogation is no longer required. The court further observed that the victim was nearly 16 years old and capable of understanding the consequences of her actions, and the petitioner had no criminal antecedents. Petition is allowed.
| Table of Content |
|---|
| 1. procedural application for bail under bnss in a case involving pocso and bns offences. (Para 1 , 2) |
| 2. competing arguments regarding consensual love affair versus biological paternity and prima facie evidence. (Para 3 , 4) |
| 3. court's determination of lack of coercion based on the victim's statement and age. (Para 5 , 6) |
| 4. grant of bail based on lack of criminal antecedents and completion of investigation. (Para 7 , 8) |
Digitally signed by REP. BY ITS STATE PUBLIC PROSECUTOR
LAKSHMINARAYANA
HIGH COURT OF KARNATAKA
MURTHY RAJASHRI
Location: HIGH BENGALURU - 560 001.
COURT OF KARNATAKA
V/O DTD. 18.12.2025 NOTICE TO R2 IS H/S
THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.186/2025 (CR.No.1/2025), PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE AND FTSC-1 AT HASSAN, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 137(2), 64 OF BNS, SEC.5(j), 5(1), 6 OF POCSO Act 2012 AND SEC. 9 OF PROHIBITION OF CHILD MARRIAGE ACT, BY WOMEN POLICE STATION.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by the sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the ‘BNSS’) praying to grant bail in Spl.C. No. 186/2025 (crime No. 1/2025 of Hassan Women Police Station) registered for offence under Sections 137(2), 64 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), Sections 5(j), 5(l), 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act pending on the file of Additional District and Sessions Judge, FTSC-1, Hassan.
2. Heard learned counsel for petitioner and learned HCGP for respondent No. 1 – State. In spite of service of notice respondent No. 2 remained absent and unrepresented.
3. Learned counsel for petitioner would contend that the victim girl was aged 16 years and there was love affair between the petitioner and the victim girl. The victim girl has stated the same in her statement recorded under Section 183 of BNSS. Petitioner has married the victim girl and thereafter led marital life which resulted in the pregnancy of the victim girl. Petitioner is in judicial custody since 03.04.2025. As charge sheet is filed, petitioner is not required for custodial interrogation. With this he prayed to allow the petition.
4. Per contra, learned HCGP would contend that the act of this petitioner having sexual intercourse with the victim girl has resulted in her pregnancy. Pregnancy of the victim girl was aborted and DNA test of the product of conception indicate that petitioner is the biological father and victim girl is the biological mother. Charge sheet material show prima facie case against the petitioner. With this, he prayed to reject the petition.
5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record.
6. Allegation against this petitioner as per column No. 17 of the charge sheet is that he enticed the victim girl on 29.12.2024, stayed with her, married her on 06.01.2025, had sexual intercourse with her as a result of which the victim girl became pregnant and committed offence alleged against him. Age of the victim girl is 15 years 9 months as on the date of the alleged offence. During investigation statement of the victim girl has been recorded under Section 183 of BNSS. In the said statement the victim girl has stated that she had love affair with the petitioner and as her parents were fixed her marriage with some other person, she and the petitioner went to a different place, married on 06.01.2025 and thereafter led marital life. Said aspect indicates that there was no force or coercion by the petitioner for sexual intercourse on the victim girl. The victim girl is aged about 16 years as on the date of alleged offence and she is able to unde
