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NC: 2026:KHC-D:3312

CRL.P No. 100143 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 3^RD DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CRIMINAL PETITION NO.100143 OF 2026

(439 OF Cr.PC/483 OF BNSS)

BETWEEN:

VINAYAKA

S/O. CHANDRA SHEKHAR

@ CHANDRU LAMANI,

AGED ABOUT 26 YEARS,

OCC: COOLIE/WATER SPORTS WORKER,

R/O. SHINGATARAYANAKERI THANDA,

MUNDARGI TALUK,

GADAG DISTRICT-582103.

…PETITIONER

Digitally signed (BY SRI AKASH R. NAIK, ADVOCATE)

by

MALLIKARJUN

RUDRAYYA

KALMATH

Location: High

C Kao ru nr at to af ka, AND:

Dharwad Bench

1. THE STATE OF KARNATAKA,

THROUGH POLICE INSPECTOR,

GADAG WOMEN POLICE STATION,

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH.

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NC: 2026:KHC-D:3312

CRL.P No. 100143 of 2026

HC-KAR

2. VICTIM

R/O. SHINGATARAYANAKERI THANDA,

MUNDARAGI TALUK,

GADAG DISTRICT-582103.

3. CHILD WELFARE COMMITTEE,

DISTRICT ADMIN BUILDING,

(Z.P OFFICE AREA),

GADAG BETAGERI,

KARTNATAKA-582101.

…RESPONDENTS

(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;

SRI P. VADIRAJA, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 483

OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

(BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED

13.10.2025 PASSED BY THE ADDITIONAL DISTRICT AND

SESSIONS JUDGE, GADAG, IN S.C.NO.91/2025, BEFORE THE

ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG AND

ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL

S.C.NO.91/2025, (GADAG WOMEN P.S.CRIME NO.18/2025) FOR

THE OFFENCES PUNISHABLE UNDER SECTION 6 OF POCSO ACT,

SECTION 376(2)(n) OF THE INDIAN PENAL CODE (IPC) AND

SECTIONS 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE

ACT (PCMA), 2006 AND ETC.

THIS PETITION COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC-D:3312

CRL.P No. 100143 of 2026

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

Heard the learned counsel appearing on behalf of the

petitioner and the learned HCGP appearing on behalf of

respondent No.1, as well as the learned counsel appearing

on behalf of respondent No.2/Victim.

2. The petitioner has filed this Criminal Petition

under Section 439 of Code of Criminal Procedure, 1973 (for

short, ‘the Cr.P.C.’) / Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (for short, the BNSS), seeking to

be enlarged on bail with the following reliefs:

“Prayer:

Wherefore, the petitioner most respectfully pray

that this Hon’ble Court be pleased to:

1. Set aside the impugned order dated

13.10.2025 passed by the Additional

District and Sessions Judge, Gadag, in

SC.No.91/2025 before the Additional

District and Sessions Judge, Gadag.

2. Enlarge the petitioner/Accused No.1 on

Regular Bail SC No.91/2025; (Gadag

Women P.S. Crime No.18/2025) for the

offences punishable Under Section 6 of

POCSO Act, Section 376(2)(n) of the

Indian Penal Code (IPC) and Sections 9,

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NC: 2026:KHC-D:3312

CRL.P No. 100143 of 2026

HC-KAR

10, and 11 of the Prohibition of Child

Marriage Act (PCMA), 2006, on such

terms and conditions as this Hon’ble

Court may deem fit;

3. Pass such other order or orders as this

Hon’ble Court may deem fit and proper in

the interests of justice and equity.”

3. It is the brief case of prosecution, as per the

complaint averments that the petitioner/accused No.1 was

working in water sports at Anjuna Beach, Goa, and the

victim, who was minor at that time have come into close

contact, developing the friendship and also compromised

with each other physically at that time when the victim was

minor and due to continuous cohabitation between them,

the victim gave birth to a child. Thus, the petitioner/accused

No.1 committed offences punishable under Section 6 of the

POCSO Act, 2012, Section 376(2)(n) of the Indian Penal

Code (IPC) and Sections 9, 10 and 11 of the Prohibition of

Child Marriage Act (PCMA), 2006.

4. The victim is arrayed as respondent No.2 and

Sri. P. Vadiraja, learned counsel for respondent No.2/victim

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NC: 2026:KHC-D:3312

CRL.P No. 100143 of 2026

HC-KAR

submitted to enlarge the petitioner on bail on the ground

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