THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN SPL.CASE.318/2025 PENDING ON THE FILE OF BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-1, AT SHIVAMOGGA, ARISING OUT OF CR.NO.87/2025 OF RESPONDENT NO.1 PAPER TOWN P.S. BHADRAVATHI, FOR THE ALLEGED OFFENCES P/U/S 87,64(2)(m),65(1),127(4) OF BNS, 2023, AND SECTION 6 OF POCSO ACT, 2012, AND SECTION 9,10 AND 11 OF CHILD MARRIAGE RESTRAINT ACT, IN THE INTEREST OF JUSTICE.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. This petition is filed by the petitioner who is arrayed as accused No.1 in Crime No.87/2025 filed by the respondent – Police for the offences punishable under Section 87, 65(1), 64(2)(m) and 127(4) of the Bharatiya Nyaya Sanhita, 2023 (for short the BNS) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO) and under Section 9, 10 and 11 of the Child Marriage Restraint Act (for short CMR Act).

Factual matrix of the case:

2. The case of the prosecution is that a complaint came to be registered by the victim stating that she is the resident of the address stated in the complaint. She was residing along with her parents. She had studied up to 10th Standard. However, she could not continue the study as she failed in the 10th Standard. When Mr. Ganesh came to her house and asked her mother to perform the marriage of the victim to the present petitioner, her mother agreed for the said proposal.

3. On 28.08.2023 around about 04.00 a.m. the victim was taken to Anjaneya temple, Nidaghatta Village where the petitioner and his mother Sumitra had come near the temple. On the same day, around about 09.30 a.m., the petitioner had married the victim. After the marriage, all the persons came to Mosarahalli. However, the petitioner had gone to Kalinganahalli, which is said to be his grandmother's house.

4. On 29.08.2023, the petitioner had brought the victim to Bangalore. The victim was residing along with the petitioner and her mother-in-law. It is further stated that victim and the petitioner were living happily as husband and wife. On 18.08.2025 around about 12.30 p.m., when the victim had been to the house of her mother to see her as her mother was not feeling well, the officials had taken the victim to custody and recorded her statement as the officials have learnt that the victim married at the age of 17 years and she was minor as on the date of said marriage.

5. Based on the complaint of the officials, the respondent-Police have registered a case, conducted investigation and submitted charge sheet.

6. Heard Sri.Thejas N.S., learned counsel for the petitioner and Sri. Rangaswamy R., learned High Court Government Pleader for respondent No.1 – State and Sri. M. Gangadharaiah, learned counsel for respondent No.2.

7. Learned counsel for the petitioner submits that the petitioner is innocent of alleged offences. The petitioner and the victim married and happily living together. In fact, the age of the victim has not been determined properly. As on the date of marriage, she had completed 18 years.

8. It is further submitted that, the petitioner and the victim are living together and all the family members are accepted the said marriage. There is a misunderstanding in respect of the age of the victim. In fact, at the time of marriage, she had completed her 18 years and it is an arrange marriage. In order to secure the ends of justice and also in the interest of the entire family, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel for the petitioner prays to allow the petition.

9. Learned counsel representing respondent No. 2, submits that the mother of the victim and the victim are present before this Court. The victim is living happily with the petitioner. Ther