Channabasava @ Channayya vs State Of Karnataka & Ors

S.Vishwajith Shetty, J

Accused in Crime No.185/2025 registered by Devadurga Police Station, Raichur district, for the offences punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 65(1) of Bharatiya Nyaya Sanhita, 2023 is before this Court in this petition filed under Section 483 of the Bharatiya Nagagarik Suraksha sanhita, 2023 seeking regular bail.

Heard learned counsel for the parties.

FIR in Crime No.185/2025 was registered by Devadurga police station, Raichur district for the aforesaid offences against the petitioner based on the first information submitted by the victim girl, aged about 15 years. During the course of investigation, petitioner was arrested on 18.06.2025 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.640/2025 was rejected on 17.10.2025. Therefore, he is before this Court.

Learned counsel for the petitioner submits that petitioner and the victim girl are closely related and they are in love. The victim girl has now delivered a male child and there is nobody to take care of the victim girl and newly born child to her. The petitioner, who is aged 20 years is in custody from 18.06.2025. Accordingly, he prays to allow the petition.

Per contra, learned High Court Government Pleader has opposed the petition. He submits that the victim girl is aged 15 years and she has now given birth to a male child.

Learned counsel appearing for respondent No.2/first informant submits that the petitioner is the son of victim's uncle and they are in love. He submits that there is nobody to take of the victim girl and her newly born child. He submits that he has no objection to grant bail to the petitioner.

Perusal of the material on record would go to show that the petitioner is the son of victim’s uncle. It appears that the petitioner and the victim girl are in love and as a relationship between them, the victim has got pregnant. Since the victim girl was complaining of headache, her mother had taken her to Government Hospital at Koppar and the doctor who had examined her had found that she was pregnant. Accordingly, she had reported to the police and thereafter, the statement of the victim girl was recorded by Devadurga police on 16.06.2025, based on which, FIR was registered against the petitioner.

The petitioner aged 20 years has no criminal antecedents and is in custody from 18.06.2025. Investigation of the case is completed and charge sheet is filed. It is submitted by learned counsel for respondent No.2 that the victim girl has now given birth to a boy child and there is nobody to take care of the victim and her newly born child. The allegations made against the petitioner are required to be proved in a full-fledged trial. Considering the peculiar facts and circumstances of the case and also having regard to the relationship between the parties, I am of the opinion that prayer made by the petitioner needs to be answered in the affirmative without expressing any opinion on merits and demerits of the case. Accordingly, the following:

ORDER

The criminal petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.185/2025 registered by Devadurga Police Station, Raichur district, for the offences punishable under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 65(1) of Bharatiya Nyaya Sanhita, 2023, pending on the file of I Additional Dsitrict and Sessions Judge, Raichur, subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.50,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.