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Karnataka High Court
Daniel vs The State Of Karnataka on 26 February, 2026
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NC: 2026:KHC-K:1934
CRL.P No. 200260 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200260 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
DANIEL
S/O RAJKUMAR WAAGE
AGE: 24 YEARS, OCC: COOLIE
R/O ALLAPUR VILLAGE
TQ: AND DIST: BIDAR-585401
...PETITIONER
(BY SRI. SANJAY KULKARNI., ADVOCATE)
AND:
Digitally signed by
1. THE STATE OF KARNATAKA
SHIVALEELA THROUGH JANWADA PS
DATTATRAYA UDAGI
Location: HIGH
DIST: BIDAR
COURT OF REPRESENTED BY THE ADDL. S.P.P
KARNATAKA
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585103
2. ALKA
W/O ANILKUMAR HIPPALGAONKAR
AGE: 55 YEARS
OCC: SUPERVISOR OF ANGANWADI
ALLAPUR, TQ: AND DIST: BIDAR
R/O NAVADGERI BIDAR
...RESPONDENTS
(BY SRI.JAMADAR SHAHABUDDIN, HCGP FOR R1;
NOTICE TO R2 IS HELD SUFFICIENT V/C/O DTD 26.02.2026)
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NC: 2026:KHC-K:1934
CRL.P No. 200260 of 2026
HC-KAR
THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD) U/S 483
OF BNSS (NEW) PRAYING TO A) ALLOW THE PETITION AND
GRANT BAIL TO THE PETITIONER (ACCUSED NO.1) IN CRIME
NO.132/2025 REGISTERED BY THE JANWADA P.S, BIDAR
DISTRICT, FOR THE OFFENCE'S PUNISHABLE U/S 64(2)(m) OF
BNS ACT 2023, SECTION 4 AND 6 OF POCSO ACT AND ALSO
U/S 9, 10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT,
PENDING ON THE FILE OF ADDL. DISTRICT AND SESIONS
JUDGE, AT BIDAR, IN SPL.CASE.NO.2/2026 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed under Section 483 of BNSS,
2023, by the petitioner/accused No.1 for grant of bail in
Spl.Case No.2/2026, arising out of Crime No.132/2025,
registered by Janwada Police Station, Bidar, for the
offences punishable under Sections 64(2)(m) of Bharatiya
Nyaya Sanhita, 2023 (for short 'the BNS'); Sections 4, 6
and 17 of Protection of children from Sexual Offences Act,
2012 (for short, 'the POCSO Act'); and Sections 9, 10 and
11 of Prohibition of Child Marriage Act, 2006 (for short,
'PCM Act'), presently pending on the file of Addl. District &
Sessions Judge, Bidar
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HC-KAR
2. The factual matrix of the case is,
complainant/respondent No.2-Alka, being an Anganwadi
Supervisor, lodged a complaint on 31.10.2025 against the
petitioner and others before respondent No.1-Police that
she has received information from her higher officials on
28.10.2025 that a minor girl was given in marriage to
petitioner/accused No.1 at Pakkalwada village, Bidar, and
she has been instructed to verify the same and to file
necessary complaint to the concerned Police. Accordingly,
respondent No.2 visited the victim's house and on enquiry,
she learnt that the victim, who was minor i.e., aged about
16 years 4 months, has given in marriage to the
petitioner. On the strength of said complaint, FIR came to
be registered in Crime No.132/2025 against the petitioner
and others.
3. During the course of investigation, it was
revealed that the family members of petitioner and the
victim performed the marriage of victim with accused No.1
and after the marriage, victim-accused were residing
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HC-KAR
together and were sexually active. Hence, the
Investigating Officer filed charge-sheet against the
petitioner and others for the aforementioned offences, by
arraying the petitioner as accused No.1 and arrested him
on 14.11.2025 and remanded to judicial custody.
Aggrieved by his custodial detention, he approached the
learned Addl. District and Sessions Judge, Bidar, for grant
of regular bail in Crl.Misc.No.628/2025 and the same was
dismissed vide order dated 28.01.2026. Aggrieved by the
same, petitioner/accused No.1 is before this Court.
4. Heard learned counsel for the petitioner and
learned High Court Government Pleader for respondent
No.1-State.
5. Apart from urging several contentions, learned
counsel for the petitioner contented that respondent No.2
has lodged the complaint based on the information
provided by her higher officer without verifying the
documents pertaining to the age of victim. She lodged the
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HC-KAR
complaint solely based on the School Certificate issued by
the Head Master. As such, he submits that, without any
authenticated document to prove the age of victim, the
offences under the provisions of POCSO Act and PCM Act
do not attract against the petitioner.
6. Learned High Court Government Pleader
opposed the prayer on the ground that, knowing fully
aware that the victim was a minor, with the intervention of
both the families, they performed the marriage of victim
with accused No.1. Hence, he prays to dismiss the
petition.
7. I have given my anxious consideration both on
the submissions made by the learned counsel for the
respective parties and the documents available on record.
8. As could be gathered from the complaint and
charge sheet materials, it is not in dispute that the
petitioner allegedly married the victim with the consent of
both the families and they were residing cordially after the
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HC-KAR
marriage. However, respondent No.2 lodged the complaint
against the petitioner-accused No.1 as victim is a minor
girl. As rightly contended by the learned counsel for the
petitioner, in order to prove the age of victim, the
prosecution has relied on the School Certificate instead of
any authenticated document like birth certificate. Since
the victim in this case has not lodged any complaint in
respect of the alleged incident, further custodial
incarceration of petitioner does not call for.
9. As such, without expressing any opinion on the
merits of the case, suffice to hold that the custodial
incarceration of the petitioner/accused No.1 does not call
for, since the investigation is completed and charge sheet
is filed.
10. Accordingly, the petition is allowed.
11. The respondent-police are directed to be
released the petitioner/accused No.1 on bail in Spl.Case
No.2/2026, arising out of Crime No.132/2025, registered
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HC-KAR
by Janwada Police Station, Bidar, for the offences
punishable under Sections 64(2)(m) of Bharatiya Nyaya
Sanhita, 2023, Sections 4, 6 and 17 of Protection of
children from Sexual Offences Act, 2012 and Sections 9,
10 and 11 of Prohibition of Child Marriage Act, 2006,
subject to the following conditions:
a) Petitioner/accused No.1 shall execute a
personal bond for a sum of Rs.1,00,000/-
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
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HC-KAR
permission of the said Court until the case
registered against him is disposed off.
f) The petitioner shall mark his attendance
before the Station House Officer, Janwada
Police Station, Bidar, on 1st Sunday of
every month between 10.00 a.m. and
01.00 p.m. till the case registered against
him is disposed off before the Trial Court.
Sd/-
(RAJESH RAI K)
JUDGE
SDU
LIST NO.: 1 SL NO.: 8
CT-BH
