IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.104492 OF 2025

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

BETWEEN:

PUROSHOTTAM S/O. LATE THIPPESWAMY,

AGE. 25 YEARS, OCC. COOLIE,

R/O. 5^TH WARD KAKRALATHOTA

HANUMAN NAGAR, BALLARI DIST-583 201.

…PETITIONER

(BY SRI. B.ANWAR BASHA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, (THROUGH WOMEN P S BALLARI)

REPRESENTED BY ITS, STATE PUBLIC PROSECUTOR,

HIGH COURT KARNATAKA,

AT DHARWAD-580001.

Digitally signed 2. SUVARNA W/O THIPPESWAMY, by SAM REEN AGE. 38 YEARS, OCC. TAILOR,

AYUB R/O. 5^TH WARD KAKRALATHOTA,

DESHNUR

HANUMAN NAGAR, BALLARI DIST-583201.

Location: HIGH

COURT OF (MOTHER OF THE VICTIM)

KARNATAKA …RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;

SRI. PRASHANT MATHAPATI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME NO.40/2025 REGISTERED IN WOMEN PS BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 137 (2), 96, 64(2)(M) OF BNS AND 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012, AND SECTION 5(L) OF CHILD MARRIAGE ACT 2006, PENDING ON THE FILE OF THE I^ST ADDL. DIST AND SESSIONS, F.T.S.C-I JUDGE,

BALLARI.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

1. The petitioner is before this Court seeking for granting of regular bail in Crime No.40/2025 of respondent- police for the offences punishable under Sections 137(2), 96, 64(2), of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 and Section 5(L) of the Child Marriage Act, 2006.

Brief facts of the case:

2. The case of the prosecution is that a missing complaint came to be registered by mother of the victim on 26.03.2025, suspecting involvement of the petitioner in kidnapping the daughter of the complainant. It is further stated that as per the statement of the victim, the petitioner is her maternal uncle. Both were known to each other. The petitioner had married another lady and having a female child. It is further stated that both the victim and the petitioner were talking over phone. The victim was informed that the petitioner had already married another lady. On 24.03.2025 at 2.30 p.m., the victim went to the house of her relative. It is stated that the petitioner took her on his motorcycle and went to Kalyandurga. Thereafter, they went to Guntakal by Bus. From Guntakal, they went to Nizamabad and stayed in the temple premises for four days. After that, they went to Hyderabad, started residing there in a rented house for 3 to 4 days.

3. It is further stated that again they came back to Rayadurga, and it is stated that the petitioner had married the victim. After the marriage, the victim started residing with the petitioner for more than three weeks in a rented house. During those periods, it is alleged that the petitioner committed sexual assaulted on her on several occasions. On 17.05.2025, the victim was traced by the respondent police and she was secured and the accused was arrested by the respondent Police.

4. Based on the statement, the respondent-police have included the provisions under Sections 137(2), 96, 64(2) of BNS-2023 and Sections 4 and 6 of the POCSO Act 2012 and Section 5 of Child Marriage Act 2006, after conducting investigation, submitted the charge sheet.

5. Heard Sri B Anwar Basha, learned counsel for the petitioner and Sri Praveen Y Devareddiyavar, learned High Court Government Pleader for respondent No.1-State and Sri Prashanth Mathapati, learned counsel for respondent No.2.

6. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. In fact, the victim is aged about 17 years and 11 months. Her age has not been properly determined in accordance with law. As per the version of the p