[Cites 5, Cited by 0]
Karnataka High Court
Sadik vs State Of Karnataka on 27 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:12267
CRL.P No. 341 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 341 OF 2026 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. SADIK
S/O NAZEER SAB
AGED ABOUT 22 YEARS
R/AT PUNYAHALLI VILLAGE
HEBBANI POST,
BYRAKUR HOBLI
MULBAGAL TALUK-563 131
KOLAR DISTRICT.
...PETITIONER
(BY SRI. NARESH KUMAR P C.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY NANGLI P.S. NANGLI,
MULBAGAL TALUK
KOLAR DISTRICT
Digitally signed by REPRESENTED BY
LAKSHMINARAYANA
MURTHY RAJASHRI STATE PUBLIC PROSECUTOR,
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF BENGALURU-560001.
KARNATAKA
2. MRS. XXXXXX
W/O SADIK
D/O SYED BHASHA
AGED ABOUT 19 YEARS
R/AT PUNYAHALLI VILLAGE
HEBBANI POST
BYRAKUR HOBLI
MULBAGAL TALUK-563 131.
KOLAR DISTRICT.
...RESPONDENTS
-2-
NC: 2026:KHC:12267
CRL.P No. 341 of 2026
HC-KAR
(BY SRI. M.R. PATIL, HCGP FOR R1;
SRI CHANDAN K. ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECITON 439
CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE
PETITIONER / ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO
188/2025 REGISTERED BY THE NAGLI POLICE STATION ,
MULUBAGAL THALUK , KOLAR DISTRICT PENDING ON THE FILE OF
THE HONBLE ADDL. DISTRICT AND SESSION JUDGE, FTSC- 1 ,
(POCSO) AT KOLAR FOR THE OFFENSES PUNISHABLE UNDER
SECTION 9 AND 10 OF THE PROHIBITION OF CHILD MARRIAGE ACT
2006, SECTION 6 OF THE PROTECTION OF CHILDREN FROM SEXUAL
OFFENSES ACT 2012 (POCSO) AND SECTION 352 AND 64 (2) (m) OF
THE BNS 2023.THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1
(POCSO), KOLAR HAS DISMISSED THE BAIL PETITION ON
03.01.2026 IN C.R.NO. 188/2025.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying
to grant bail in Crime No.188/2025 of Nangli Police Station
registered for offences punishable under Sections 9 and 10
of Prohibition of Child Marriage Act, 2006, Section 6 of
POCSO Act, 2012 and Sections 352 and 64(2)(m) of BNS.
2. Heard the learned counsel for petitioner, the
learned counsel for respondent No.2 and the learned High
Court Government Pleader for respondent No.1/State.
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HC-KAR
3. Learned counsel for petitioner would contend
that there was marriage of petitioner with the victim girl.
The victim girl was aged 18 years as on the date of their
marriage, and her date of birth is 15.5.2006. She led her
marital life in her husband's house. The father-in-law of
the victim girl when scolded her, and made an attempt to
assault her, she called police, and thereafter a complaint
has been filed. The victim girl was not knowing the
Kannada language, and he affixed her signature. She has
not alleged any forcible sexual intercourse by the
petitioner on her. Even in the statement of the victim girl
recorded under Section 183 of BNSS, she has not alleged
any sexual intercourse by this petitioner. The major
portion of the investigation is over, and therefore,
petitioner is not required for further custodial
interrogation.
4. The learned counsel for respondent No.2 would
submit that the victim girl appeared before this Court on
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20.02.2026, and she has stated before this Court that she
has no objection to grant bail to the petitioner, and her
date of birth mentioned in the Adhar card is not correct,
and she has submitted that her date of birth is
15.05.2006. He further submitted that respondent No.2/
victim girl has no objection for grant bail to the petitioner.
5. Learned High Court Government Pleader for
respondent No.1/State has placed on record the statement
of the victim girl recorded under Section 183 of BNSS. He
further submitted that investigation is in progress. With
this, he prayed to reject the petition.
6. Having heard the learned counsel, the Court
has perused the FIR, complaint and other materials placed
on record.
7. As per the statement of the victim girl, on the
basis of which, case has been registered, it is mentioned
that she married the petitioner, and their marriage is
arranged marriage. After marriage, she lived in her
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husband's house. In the complaint, her date of birth is
mentioned as 15.12.2008. The victim girl, who was
present in the Court, submitted that her correct date of
birth is 15.05.2006, and date of birth mentioned in the
Adharcard is not correct.
8. The learned counsel for respondent No.2
submits that victim girl has admitted to school belatedly,
and therefore, her date of birth mentioned in the school
records and Adharcard is not correct. Even though
considering the age of the victim girl, as per her date of
birth mentioned in the complaint, she is aged about 17
years. The victim girl has led the marital life with the
petitioner.
9. Considering the above aspects, the petitioner
has made out a case for grant of bail with conditions.
In the result, the following:
ORDER
i) The petition is allowed.
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HC-KAR
ii) The petitioner is granted bail in Crime
No.188/2025 of Nangli Police Station registered for
offences punishable under Sections 9 and 10 of Prohibition
of Child Marriage Act, 2006, Section 6 of POCSO Act, 2012
and Sections 352 and 64(2)(m) of BNS subject to
following conditions:
a) The petitioner shall execute bail bond
for a sum of Rs.1,00,000/- with one surety for
the like sum to the satisfaction of the
jurisdictional court.
b) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
c) The petitioner shall attend the Trial
Court on all dates of appearing unless exempted
and co-operate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
BKM
List No.: 2 Sl No.: 14
