CRIMINAL APPEAL NO. 284 OF 2026 (U/S 14(A) (2)

THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 03.02.2026 IN CRL.MISC.NO.76/2026 AND ENLARGE HIM ON REGULAR BAIL IN CR.NO.4/2026 REGISTERED BY THE WOMEN P.S, TUMAKURU AGAINST THE APPELLANT, FOR THE OFFENCES P/U/S 137(2),64 OF BNS, 2023, U/S 6 OF POCSO ACT, 2012, U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, U/S 3(2)(va) OF SC/ST (POA) AMENDMENT ACT, 2015, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-I) AT TUMAKURU.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

The appellant, who is an accused in Crime No.4/2026 is before this Court being aggrieved by the order dated 03.02.2026 passed in Crl.Misc.Pet.No.76/2026 on the file of the Additional District and Sessions Judge, (FTSC-I), Tumakuru by which his application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail has been dismissed.

The case of the prosecution is that upon a compliant filed by respondent No.2 alleging that on 02.01.2026 at about 10.30 a.m., her daughter the victim girl who was aged 17 years 7 months had gone to her college as usual but did not return home. As such, enquiry and search was made at all known places. That upon the suspicion of the accused/appellant herein and the victim being in love with each other, phone calls were made on the mobile phone of the accused, which was switched off. It is further alleged that victim belongs to the Scheduled Tribe Community. As such, sought for the police intervention.

That an FIR was registered for the offence punishable under Section 137(2), 64 of the Bharatiya Nyaya Sanhita, 2023 as well as Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 9 of Prohibition of Child Marriage Act, 2006 and Section 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. After investigation the charge sheet has been filed alleging that the victim girl and the accused got married at Seebi Narasimhaswamy temple on 06.05.2024. Thereafter, accused had forcible sexual intercourse with the victim. Later, the victim had got pregnant and delivered a female baby on 02.01.2026 at Chalukya Hospital. It is under these circumstances that a statement of the victim was also recorded under Section 183 of BNSS, wherein she has deposed having married the accused and giving birth to a girl child.

Learned counsel for the appellant referring to the contents of the complaint and the charge sheet submits that until birth of the girl child, there was no issue. In fact, the accused and the defacto complainant are the resident of the same locality working on the daily wage basis and they were acquainted with each other for a long time. It is only when the victim girl gave birth to a child, a complaint with allegation of she being aged 17 years 7 months has been filed. Further, learned counsel submits that the accused has been in confinement since 06.01.2026. He submits that this is a case of love affair and the marriage between the accused and the victim was solemnized with the consent of the family members and there is no commission of any offence. Hence, seeks for allowing the appeal and to grant bail.

Despite service of notice, there is no representation by respondent No.2 - defacto complainant.

Learned High Court Government Pleader does not dispute that the complaint came to be filed only upon the victim girl giving birth to the girl child. However, insists that since the age of the victim girl is stated to be 17 years 7 months at the time of incident, the offences alleged have been committed by the accused disentitling him for the regular bail.

Heard. Perused the records.

Though, the defacto complainant