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NC: 2026:KHC:16109 CRL.P No. 711 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH

CRIMINAL PETITION NO. 711 OF 2026 (439(Cr.PC)/483(BNSS))

BETWEEN:

1. SANTHOSH @ SANTHOSH M S/O MANJAPPA,

AGED ABOUT 26 YEARS, RESIDING AT MARADI,

TANIGERE, DAVANAGERE, KARNATAKA-577552.

…PETITIONER (BY SRI. GIRISH R., ADVOCATE)

AND:

Dig itally

1. STATE OF KARNTAKA signed by BY PEENYA PS, BENGALURU PAVITHRA

NOW REPRESENTED BY N STATE PUBLIC PROSECUTOR, Location:

HIGH COURT BUILDING, High BENGALURU-560001.

Court of Karnataka

2. SANTHOSH M S/O. BASAVARAJ,

AGED ABOUT 40 YEARS, R/AT NO 44, NGARAJAPPA BUILDING, 4^TH CROSS, DODDABIDIRAKALLU,

BENGALURU-560073.

…RESPONDENTS (BY Smt.ANITHA GIRISH N, HCGP FOR R1,

R2 SERVED AND UNREPRESENTED)

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THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER GRANTING BAIL THEREBY DIRECTING RESPONDENT PEENYA PS TO RELEASE THE PETITIONER IN CR.NO.48/2025 ON SPL.C 807/2025 PENDING ON THE FILE OF THE HONBLE, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-II, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 137(2), 64 BNS ACT AND SECTION 6 OF POSCO ACT AND SECTION 9, 10,

11 OF PROHIBITION OF CHILD MARRIAGE ACT.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. The petitioner/Accused no 1 is before this Court

seeking for regular bail in Crime No.48/2025 of respondent/police for offences punishable under Section 137(2), 64 of Bharatiya Nayaya Sanhita, 2023 and Section 6 of POCSO Act and Sections 9, 10 and 11 of Prohibition of Child Marriage Act pending on the file of the learned Additional City Civil and Sessions Judge, FTSC-II, Bengaluru in Spl.C

No.807/2025.

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FACTS OF THE CASE

2. The case of the prosecution is that a complaint was

lodged by the father of the victim, who is a resident of Doddabidarakallu, Bengaluru. It is stated that the petitioner and the victim were loving each other. CW1 and CW2, being the parents of the victim, had initially agreed to solemnise the marriage between the petitioner and the victim. Therefore, the petitioner, along with accused No.2, had approached

CW1 and CW2 with a proposal for the said marriage.

3. However, CW1 and CW2 have refused to perform the

marriage, stating that the girl was a minor on the date of the said proposal. On 28.01.2025, the petitioner came to Bengaluru along with CWs. 14 and 15 in a car, and it is alleged that he kidnapped the victim/girl and took her to the house of the accused Nos. 3 and 5 with the assistance of accused Nos. 2 to

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5, and married her. After marriage, he took the victim girl to the house of CW13 and stayed there till 02.02.2025. He had committed sexual assault in the house of CW13. Therefore, a complaint was registered against the petitioner. The respondent/police, on receiving the said information, have registered FIR in crime number as stated supra. The investigation has been completed, and the

charge sheet has been submitted.

4. The submission of the learned counsel for the

petitioner is that the petitioner and the victim were loving each other. In fact, the age of the victim was not disclosed to the petitioner. The allegations made in the complaint are baseless and bald. CW1 and CW2 have refused to perform the marriage not on the grounds that the victim/girl was a minor, but, in fact, they did not like the petitioner and his family. Hence, the victim voluntarily accompanied the

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petitioner and agreed to the marriage. Thereafter,

they have been secured by the respondent/ police.

5. It is further submitted that the petitioner is innocent

of the alleged offence, and he is aged about 26 years, a resident of Davangere. He will a

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