Prakash Darji vs State Of Karnataka & Ors.

S Vishwajith Shetty, J

Accused in Spl.C.No.56/2025 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-III, Bengaluru, arising out of Crime No.416/2024 registered by Puttenahalli Police Station, Bengaluru City for the offence punishable under Section 64 of BNS, 2023, Section 5(j), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

Heard the learned counsel for the petitioner, learned HCGP and learned counsel appearing for respondent No.2.

FIR in Crime No.416/2024 was registered by Puttenahalli Police Station, Bengaluru City against the petitioner for the aforesaid offences, on the basis of first information dated 13.11.2024 received from the victim girl, aged about 17 years 9 months as on the said date. During the course of investigation, the petitioner was arrested on 13.11.2024 and subsequently remanded to judicial custody. Investigation of the case is complete and charge sheet has been filed against the petitioner for the aforesaid offences.

The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.10713/2024 was dismissed on 25.01.2025. Therefore, he is before this Court.

Learned counsel for the petitioner submits that the petitioner and the victim girl are married and the victim has now given birth to a child. Only when she had gone to the hospital for her medical check up, her statement was recorded and based on the same, FIR in Crime No.416/2024 was registered against the petitioner herein. Accordingly, he prays to allow the petition.

Per contra, learned HCGP for respondent No.1 has opposed the petition on the ground that the victim is a minor and therefore the alleged offences get attracted against the petitioner.

Learned counsel for respondent No.2/victim has stated that the petitioner and the victim girl hail from Assam state and they have eloped from their village and got married. The victim has now delivered a female child and there is nobody to take care of the mother and child. Accordingly, he prays to allow the petition.

Perusal of the material on record would go to show that, the petitioner and the victim girl both hail from Assam state. It appears that they were in love with each other and since their parents were not agreeable for their marriage, they had eloped and got married and thereafter they settled in Bengaluru and lived as husband and wife. The victim girl who was pregnant had gone to Vanivilasa hospital, Bengaluru along with the petitioner and from her documents it was found that she was a minor and thereafter her statement was recorded by the police and based on the same, FIR was registered against the petitioner. The petitioner aged about 19 yers who has no other criminal antecedents is in custody from 13.11.2024 and the victim girl who was aged about 17 years 9 months as on the date of FIR has now completed 18 years of age.

Learned counsel for the respondent/victim girl submits that the victim girl has given birth to a girl child and there is nobody to take care of mother and child. The petitioner who is the father of the minor child is required to take care of his wife and daughter at this stage. The victim has not made any allegation against the petitioner and on other hand she has stated that she was in love with the petitioner and thereafter they got married. Considering the aforesaid aspects of the matter, without expressing any opinion on the merits/demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Spl.C.No.56/2025 pending before the Court of Addl. City Civil & Sessions Judge-FTSC-III, Bengaluru, arising out of Crime No.416/2024 registered by Puttenahalli Police Station, Bengaluru City for the offence punishable under Section 64 of BNS, 2023, Section 5(j), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012, Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.50,000 (Rupees Fifty Thousand only) with one surety 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.