Mylarappa N @ Mailari vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 483 of BNSS praying to grant bail in Crime No.86/2025 of Hiriyur Town Police Station pending in a Spl.C.(POCSO)No.104/2025 on the file of Special II Additional District and Sessions Judge, Chitradurga registered for the offences punishable under Section 137(2), 64(2)(M) of BNS and Section 4, 5(L) of POCSO Act and Section 9 of Prohibition of Child Marriage Act, 2006.

Heard learned counsel for petitioner and learned Additional SPP for Respondent No.1/State. Inspite of service of notice, respondent No.2 remained absent and remained unrepresented.

Learned counsel for petitioner would contend that the victim was in love affair with the petitioner. On coming to know the said love affair, the victim girl has been sent to her aunt's house from where she made a phone call and called this petitioner. They went together and petitioner married her and took her to his house and subsequently, there was physical contact between them. He further submits that the statement of the victim girl has been recorded by the police and also under Section 183 of BNSS, wherein the victim girl herself has stated that she was in love affair with the petitioner and she went with him. The victim has not stated that the physical contact between her and the petitioner is forcible. The victim is aged 17 years as on the date of alleged offence. As the charge sheet is filed, petitioner is not required for custodial interrogation. The victim girl is of the age of understanding the consequences of her acts. With these, he prayed for grant of bail.

Learned Additional SPP would contend that the date of birth of the victim girl is 11.02.2008 as per her school records and she was aged 17 years as on the date of offence. The consent by the victim child is not a consent. The charge sheet material show prima-facie case against the petitioner. With these, she prayed for dismissal of the petition.

Having heard the learned counsels, the Court has perused the charge sheet records and other materials placed on record.

The date of birth of the victim girl is 11.02.2008 and as on the date of the incident she was aged about 17 years. The statement of the victim girl has been recorded under Section 183 of BNSS. In the said statement, the victim girl has stated that she was in love affair with the petitioner and on coming to know of the same, she was sent to her aunt's house. In order to see the petitioner, she took a phone of somebody and made a call and secured him to Hiriyur and they decided to go together. She further stated that petitioner married her in a temple and took her to his house and subsequently, he took her to the house of his relative where they had a physical contact. Considering the said aspect, there is no any force by the petitioner on the victim girl for sexual intercourse. The victim girl is of the age of understanding the consequences of her acts. As the charge sheet is filed, the petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has made out a case for grant of bail with conditions. In the result, the following:

ORDER

The petition is allowed. The petitioner is granted bail in Crime No.86/2025 of Hiriyur Town Police Station pending in Spl.C(POCSO)No.104/2025 on the file of Special II Additional District and Sessions Judge, Chitradurga subject to following conditions:

The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with one surety for the like-sum to the satisfaction of the trial Court.

The petitioner shall not tamper the prosecution witnesses either directly or indirectly.

The petitioner shall appear before the trial Court on all dates of hearing, unless exempted and co-operate for speedy disposal of the case.