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NC: 2026:KHC:22971

CRL.P No. 2032 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

CRIMINAL PETITION NO. 2032 OF 2026 (438(Cr.PC)

/ 482(BNSS))

BETWEEN:

THIPPESWAMY

S/O. HANUMANTHAPPA

AGED ABOUT 22 YEARS

COOLIE WORK

R/O. PAPENAHALLI VILLAGE,

RAYANAHALLI POST,

TURUVANUR HOBLI,

CHITRADURGA TALUK AND DISTRICT-577 502.

…PETITIONER

(BY SRI. SHIVANANDA D.S.,ADVOCATE)

AND:

1. STATE OF KARNATAKA

Digitally

BY TURUVANUR POLICE STATION,

signed by

SUMA B N CHITRADURGA DISTRICT,

Location: NOW REPTD. BY SPP

HIGH HIGH COURT BUILDING,

COURT OF

BENGALURU-560 001.

KARNATAKA

2. SMT. DEVAKKAVVA BHEEMAKKANAVAR

W/O. SHIVANANDAPPA M.K.

AGED ABOUT 45 YEARS,

SUPERVISOR, C.D.P.O.

BHARAMASAGARA,

CHITRADURGA DISTRICT-577 502.

…RESPONDENTS

(BY SMT. ASMA KOUSER, ADDL. SPP A/W

SMT. ANITHA GIRISH., HCGP FOR R1;

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R2 IS SERVED AND UNREPRESENTED;

SRI. VISHWAS B.M., ADVOCATE FOR R3)

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS)

PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL

THEREBY DIRECTING THE RESPONDENT TURUVANUR POLICE

TO RELEASE THE PETITIONER/ACCUSED IN CR.NO.148/2025

REGISTERED BY THE TURUVANUR POLICE, CHITRADURGA

DISTRICT, ON THE FILE OF II ADDL. DISTRICT AND SESSIONS

JUDGE, CHITRADURGA, FOR THE OFFENCE P/U/S 64(2)(m) OF

BNS, U/S 4 AND 6 OF POCSO ACT, U/S 9 OF PROHIBITION OF

CHILD MARRIAGE ACT IN THE EVENT OF HIS ARREST AND

ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

This petition is by the accused in Crime No.148/2025

being aggrieved by the order dated 08.01.2026 passed in

Crl.Misc.No.1518/2025 on the file of II Additional District and

Sessions Judge, Chitradurga, rejecting his application filed

under Section 482 of BNSS Act, 2023.

2. The case of prosecution is that upon a complaint

filed by Supervisor in Bharamasagara CDPO Office alleging that

the victim who was a minor having been born on 10.06.2007

was married to the accused/petitioner herein on 17.03.2025 at

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Hosadurga Eshwara Temple and now the victim is pregnant.

That since the marriage of the victim with the petitioner

/accused is prohibited under Section 9 of the Prohibition of

Child Marriage Act, 2006 and provisions of Section 64(2)(m) of

the BNS, Act, 2023 and Sections 4 and 6 of the Protection of

Children From Sexual Offences Act, 2012 are invoked.

3. Defacto complainant, who is father of the victim girl

and respondent No.3 herein are present. He does not dispute

marriage having been solemnized between the accused-

petitioner and the victim.

4. Learned Additional SPP opposing the petition

submits that notwithstanding the marriage, the age of the

victim being below 18 years, prima facie case of offence having

been committed, is made out. Hence, seeks for rejection of the

appeal.

5. Heard. Perused the records.

6. The complaint is lodged by defacto

complainant/respondent No.2 who is a CDPO Officer on the

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information of the victim having been married to the accused-

petitioner while she is still a minor.

7. Learned counsel for the petitioner submits that

according to the allegation of complaint, the victim was aged

above 17 years 9 months 7 days as on the date of marriage.

Complaint seemed to have been lodged on victim becoming

pregnant after the marriage. That there is no allegation of

accused -petitioner having caused any forcible sexual assault.

Therefore, he submits that even if it is a case of marriage of

minor, the same has to be proved in trial and seeks for allowing

of the petition.

8. Learned counsel for the respondent No.3 submits

that father of victim girl has no objection for allowing of the

petition.

9. The age of the victim is to be ascertained and

determined after the investigation and in the trial.

10. In view of peculiar facts and circumstance of the

case, this Court is of the considered view