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NC: 2026:KHC-D:4978 CRL.P No. 100169 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CRIMINAL PETITION NO.100169 OF 2026 (439 OF Cr.PC/483 OF BNSS)

BETWEEN:

MR PRASHANT S/O. SANNAFAKKIRAPPA MARACHAKKANAVAR,

AGE: 27 YEARS, OCC: AGRICULTURE, R/O. BANAKANAKOPPA-582101,

TQ. NARGUND, DIST. GADAG.

…PETITIONER (BY SRI HANUMESH M. DESAI, ADV.

SRI NEELENDRA D. GUNDE, ADVOCATE)

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH

Location: High AND:

Court of Karnataka, Dharwad Bench

1. THE STATE OF KARNATAKA, BY NARAGUND POLICE STATION,

REPRESENTED BY THE STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. BHARATI

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NC: 2026:KHC-D:4978 CRL.P No. 100169 of 2026

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W/O. SHANKARAPPA KALACHATTI, AGE: 48 YEARS, OCC: CDPO,

R/O. CDPO OFFICE, NARAGUND, TQ. NARAGUND-582207,

DIST. GADAG.

3. X.X.X VICTIM AGE: 17 YEARS,

OCC: HOUSEWIFE, R/O. HALATORAGAL,

TQ. RAMADURGA-591123, DIST. BELAGAVI. …RESPONDENTS

(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;

SRI DHANANJAY H. M, ADV. FOR R3)

THIS CRIMINAL PETITION IS FILED U/S.439 OF THE CODE OF CRIMINAL PROCEDURE, (U/S.483 OF BNSS, 2023) PRAYING TO GRANT BAIL TO THE PETITIONER IN CRIME NO.243/2025 REGISTERED WITH NARAGUND PS, PENDING ON THE FILE BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE GADAG FOR THE OFFENCES PUNISHABLE U/S.64(2)(m), OF BNS-2023 AND SECTION 4 & 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT-2012 AND SECTIONS 9, 10, 11, OF PROHIBITION OF CHILD MARRIAGE ACT-2006, IN THE INTEREST

OF JUSTICE AND EQUITY.

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

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NC: 2026:KHC-D:4978 CRL.P No. 100169 of 2026

HC-KAR

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

Heard learned counsel for the petitioner and learned

HCGP for the State and learned counsel for respondent

No.3.

2. The petitioner/accused No.1 is filed the petition

under Section 439 of Cr.P.C., (483 of BNSS) praying to

enlarge the petitioner on bail with following relief;

“WHEREFORE, the petitioner/accused No.1 most humble prays that this Hon’ble Court may be pleased to grant bail to the petitioner in Crime No.243/2025 Registered with Naragund P S, pending on the file before Learned Addl. District and Sessions Judge Gadag for the offences punishable u/s.64(2)(m), of BNS 2023 and Section 4 and 6 of Protection of Children From Sexual offences Act-2012 and Section 9, 10, 11 of Prohibition of Child Marriage Act-2006, in the

interest of justice and equity”.

3. The brief case of the prosecution as per the

complainant, FIR averments that Accused Nos.2 and 3 are the father and mother of the petitioner/accused No.1, and

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NC: 2026:KHC-D:4978 CRL.P No. 100169 of 2026

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accused Nos.4 and 5 are the father and mother of the victim girl. Accused Nos.2 to 5 have solemnized the marriage of the petitioner with the victim girl. At the time of the marriage, the victim girl was aged about 17 years and 1 month. After the marriage, the victim girl was brought to the matrimonial home of the petitioner and committed offence of penetrative sexual assault, as a result, the victim girl become pregnant and accordingly, upon the complaint received by CDPO, the child development project officer has lodged the complaint before the police for the above said

offences.

4. Learned counsel for the petitioner submitted that

the victim girl is now pregnant and that the presence of the petitioner is essential for her well-being and care, as he is her husband. It is further submitted that the victim girl has also consented to the petitioner being enlarged on bail.

Therefore, he prays that the petitioner be enlarged on bail.

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NC: 2026:KHC-D:4978 CRL.P No. 100169 of 2026

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5. Learned counsel for respondent No.3/victim girl

has submitted that he has no objection for granting bail to

the petitioner.

6. The learned HCGP for the State has opposed the

bail petition and prayed for its dismissal.

7. Consi

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