Granting of regular bail in cases involving POCSO and Child Marriage charges when there is evidence of a consensual marital relationship, birth of a child, and pending evidentiary determination of the victim's minority.

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.64/2025 VIDE SPL.C.NO.234/2025, FOR THE OFFENCE P/U/S 376(2)(n) OF IPC, U/S 4,5(L),6 OF POCSO ACT, 2012, U/S 9 AND 10 OF CHILD MARRIAGE RESTRAINT ACT, PENDING BEFORE THE 1st ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused in Spl.C.No.234/2025 pending before the Court of I Addl. District & Sessions Judge, Ramanagara, arising out of Crime No.64/2025 registered by Channapatna East Police Station, Bengaluru South for the offence punishable under Sections 376(2)(n) of IPC and Sections 4, 5(L) & 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 9 & 10 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, is before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail.

2. Respondent No.2, who is served in the matter has remained unrepresented before this Court.

3. FIR in Crime No.64/2025 registered by Channapatna East Police Station, Bengaluru South against the petitioner for the aforesaid offences on the basis of first information dated 16.09.2025 received from Sri Sagar C, who is the Coordinator of Child Helpline Channapatna, alleging that he had received information that marriage of the victim girl aged 17 years 5 months was performed with the petitioner and from the wedlock she had given birth to a girl child. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences on 16.09.2025. During the course of investigation, petitioner was arrested on 20.09.2025 and remanded to judicial custody. His bail application filed before the trial Court in Crl.Misc.No.27 of 2026 was rejected on 16.03.2026. Therefore, he is before this Court.

4. Perusal of the material on record would go to show that, the victim girl, had given birth to a girl child in Channapatna Government Hospital on 06.08.2025. In the first information, it is alleged that the first informant had received information that the marriage of the victim girl with the petitioner was performed when she was a minor and it is under these circumstances, the first informant has approached the police and submitted his first information on 16.09.2025. The petitioner aged about 21 years is in custody in the present case from 20.09.2025 onwards. Undisputedly, the victim girl is married to him and she has now given birth to a girl child on 06.08.2025.

5. Charge sheet material would go to show that after the marriage of the petitioner with the victim girl was solemnized the said marriage was registered in the office of the local Masjid. Thereafter, the petitioner and the victim girl resided together as husband and wife and from the wedlock, victim girl has now given birth to a girl child. It appears that there is some dispute between the husband and wife and the victim girl has taken shelter in her parents' house and it is only thereafter the present case was registered against the petitioner. The allegations now found in the charge sheet as against the petitioner are required to be proved in a full-fledged trial.

6. Material on record would go to show that in the Aadhar card of the victim girl, her age is shown as 20.04.2004. According to the victim girl, her date of birth is 20.04.2008 and in the Aadhar card, the same is wrongly shown. The aforesaid aspects of the matter needs consideration before the trial Court. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

7. Accordingly, the f