[Cites 11, Cited by 0]
Karnataka High Court
Mr Prashant S/O. Sannafakkirappa vs The State Of Karnataka on 2 April, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4978
CRL.P No. 100169 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 2ND DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100169 OF 2026
(439 OF Cr.PC/483 OF BNSS)
BETWEEN:
MR PRASHANT
S/O. SANNAFAKKIRAPPA MARACHAKKANAVAR,
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O. BANAKANAKOPPA-582101,
TQ. NARGUND, DIST. GADAG.
...PETITIONER
(BY SRI HANUMESH M. DESAI, ADV.
SRI NEELENDRA D. GUNDE, ADVOCATE)
Digitally signed by
MALLIKARJUN
RUDRAYYA
KALMATH
Location: High
Court of Karnataka, AND:
Dharwad Bench
1. THE STATE OF KARNATAKA,
BY NARAGUND POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001.
2. SMT. BHARATI
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NC: 2026:KHC-D:4978
CRL.P No. 100169 of 2026
HC-KAR
W/O. SHANKARAPPA KALACHATTI,
AGE: 48 YEARS, OCC: CDPO,
R/O. CDPO OFFICE, NARAGUND,
TQ. NARAGUND-582207,
DIST. GADAG.
3. X.X.X VICTIM
AGE: 17 YEARS,
OCC: HOUSEWIFE,
R/O. HALATORAGAL,
TQ. RAMADURGA-591123,
DIST. BELAGAVI.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
SRI DHANANJAY H. M, ADV. FOR R3)
THIS CRIMINAL PETITION IS FILED U/S.439 OF THE CODE
OF CRIMINAL PROCEDURE, (U/S.483 OF BNSS, 2023) PRAYING
TO GRANT BAIL TO THE PETITIONER IN CRIME NO.243/2025
REGISTERED WITH NARAGUND PS, PENDING ON THE FILE
BEFORE ADDITIONAL DISTRICT AND SESSIONS JUDGE GADAG
FOR THE OFFENCES PUNISHABLE U/S.64(2)(m), OF BNS-2023
AND SECTION 4 & 6 OF PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT-2012 AND SECTIONS 9, 10, 11, OF
PROHIBITION OF CHILD MARRIAGE ACT-2006, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 100169 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard learned counsel for the petitioner and learned
HCGP for the State and learned counsel for respondent
No.3.
2. The petitioner/accused No.1 is filed the petition
under Section 439 of Cr.P.C., (483 of BNSS) praying to
enlarge the petitioner on bail with following relief;
"WHEREFORE, the petitioner/accused No.1 most
humble prays that this Hon'ble Court may be
pleased to grant bail to the petitioner in Crime
No.243/2025 Registered with Naragund P S,
pending on the file before Learned Addl. District
and Sessions Judge Gadag for the offences
punishable u/s.64(2)(m), of BNS 2023 and Section
4 and 6 of Protection of Children From Sexual
offences Act-2012 and Section 9, 10, 11 of
Prohibition of Child Marriage Act-2006, in the
interest of justice and equity".
3. The brief case of the prosecution as per the
complainant, FIR averments that Accused Nos.2 and 3 are the
father and mother of the petitioner/accused No.1, and
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HC-KAR
accused Nos.4 and 5 are the father and mother of the
victim girl. Accused Nos.2 to 5 have solemnized the
marriage of the petitioner with the victim girl. At the time of
the marriage, the victim girl was aged about 17 years and 1
month. After the marriage, the victim girl was brought to
the matrimonial home of the petitioner and committed
offence of penetrative sexual assault, as a result, the victim
girl become pregnant and accordingly, upon the complaint
received by CDPO, the child development project officer has
lodged the complaint before the police for the above said
offences.
4. Learned counsel for the petitioner submitted that
the victim girl is now pregnant and that the presence of the
petitioner is essential for her well-being and care, as he is
her husband. It is further submitted that the victim girl has
also consented to the petitioner being enlarged on bail.
Therefore, he prays that the petitioner be enlarged on bail.
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HC-KAR
5. Learned counsel for respondent No.3/victim girl
has submitted that he has no objection for granting bail to
the petitioner.
6. The learned HCGP for the State has opposed the
bail petition and prayed for its dismissal.
7. Considering the peculiar facts and circumstances
of the case, it is noted that the petitioner has solemnized
marriage with the victim girl. It is the case of the
prosecution that, at the time of marriage, the victim girl
was aged about 17 years and 1 month. It is further
submitted that the victim girl is now pregnant.
8. Though the petitioner is facing serious
allegations, the fact remains that he has married the victim
girl. It is also submitted by the learned counsel for
respondent No.3 that the presence of the petitioner is
necessary in the vicinity of the victim girl to look after her.
The petitioner has been in custody since 18.12.2025.
Therefore, without expressing any opinion on the merits of
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the case, this Court is of the opinion that the petitioner has
made out sufficient grounds for grant of bail.
9. Accordingly the following.
ORDER
i. The petition is allowed.
ii. The petitioner/accused No.1 is ordered to be
enlarged on bail in Crime No.243/2025
Registered by Naragund P S, pending on the file
Additional District and Sessions Judge Gadag, for
the offences punishable under Sections
64(2)(m), of BNS 2023 and Sections 4 and 6 of
Protection of Children From Sexual offences Act-
2012 and Sections 9, 10, 11 of Prohibition of
Child Marriage Act-2006, subject to the following
conditions:
a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- along with
one surety for the like sum to the satisfaction
of the Trial Court.
b) The petitioner shall not leave the
jurisdiction of the Trial Court without prior
permission of the Court.
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HC-KAR
c) The petitioner shall not tamper and
threaten the prosecution witnesses in any
manner.
d) The petitioner shall mark his attendance
before the concerned police station on every
Saturday between 11.00 a.m. to 02.00 p.m.
e) The petitioner shall attend the Court
regularly during the trial without fail. If not
attend for consecutive two times, the
prosecution entitle to cancellation of bail.
f) Violation of any one of the conditions
would entitle the prosecution to seek for
cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
ASN /CT-AN
List No.: 2 Sl No.: 17
