[Cites 6, Cited by 0]
Karnataka High Court
Mr. Naveed vs The State By Hosmane Police Station on 31 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5569
CRL.P No. 16590 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16590 OF 2025 (439(Cr.PC) /
483(BNSS))
BETWEEN:
1. MR. NAVEED
AGED ABOUT 23 YEARS,
S/O RAJAK,
RESIDING AT 2ND CROSS, LEFT SIDE,
HOSAMANE EXTENSION
BHADRAVATHI 577 301
...PETITIONER
(BY SRI. PRAVEEN C.,ADVOCATE)
AND:
1. THE STATE BY HOSMANE POLICE STATION,
BHADRAVATHI 577 301
Digitally signed by
LAKSHMINARAYANA
REPRESENTED BY THE S.P.P HIGH COURT BUILDING,
MURTHY RAJASHRI BENGALURU 560 001
Location: HIGH COURT
OF KARNATAKA
2. RAVI
AGED ABOUT 45 YEARS
S/O POOJARI BASAPPA,
RESIDING AT 1ST CROSS,
BHOVI COLONY,
BHADRAVATHI,
SHIVAMOGGA 577301.
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R1,
SRI ADITHYA N., ADVOCATE FOR R2)
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NC: 2026:KHC:5569
CRL.P No. 16590 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED
U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN SPL.CC NO.305/2025 (CRIME NO.152/2025) FOR
ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 64, 87 OF
BNS ACT AND SECTION 6 OF POCSO ACT, SECTION 9 OF
PROHIBITION OF CHILD MARRIAGE ACT REGISTERED BY
HOSMANE POLICE STATION NOW ON THE FILE OF THE
PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, FTSC-I SHIVAMOGGA.
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 sole accused under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying
to grant bail in Special CC No.305/2025 (Crime
No.152/2025 of Hosamane Police Station) registered for
the offences punishable under Sections 64, 87 of Bharatiya
Nyaya Sanhita, 2023, Section 9 of Prohibition of Child
Marriage Act, 2006 and Section 6 of Protection of Children
From Sexual Offences Act, 2012 pending on the file of the
learned Additional District Sessions Judge, FTSC-I,
Shivamogga.
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HC-KAR
2. Heard the learned counsel for petitioner, the
learned High Court Government Pleader for respondent
No.1/State and learned counsel for respondent No.2
3. The learned counsel for respondent No.2
submits that he has no objection for grant of bail to the
petitioner.
4. The learned counsel for the petitioner would
contend that there was a love affair between the petitioner
and the victim girl, that they married each other, and that
they were residing together. The statement of the victim
girl has been recorded at the instance of Anganwadi
worker and it has been registered as a FIR. There is no
any complaint by the parents of the victim girl. The victim
girl in her statement recorded under Section 183 of BNSS
has specifically stated that she was having love affair with
the petitioner and they married and residing together.
There is no allegation of the petitioner having any forcible
sexual intercourse on her. As the charge sheet is filed, the
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petitioner is not required for custodial interrogation. With
this, he prayed to allow the petition.
5. Per contra, the learned High Court Government
Pleader would contend that the victim girl is aged 17 years
and in spite of knowing the same the petitioner has
married her and had sexual intercourse with her. The
charge sheet materials show a prima facie case against
the petitioner for the offences alleged against him. With
this, she prays to reject the petition.
6. Having heard the learned counsel, the Court
has perused the charge sheet and other materials placed
on record.
7. As per the charge sheet, the petitioner and the
victim girl were in a love affair. The parents of the victim
girl did not consent to their marriage as it was an inter-
caste marriage. Therefore, accused No.1 took the victim
girl and married her, lived with her as husband and wife,
and had sexual intercourse with her on several occasions.
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The statement of the victim girl recorded under Section
183 of the BNSS indicates that she was in a love affair
with the petitioner, that they married each other, resided
together, and had sexual intercourse. The age of the
victim girl is 17 years and she is of the age of
understanding the consequences of her acts. Moreover,
the learned counsel for respondent No.2 has no objection
for grant of bail. There are no criminal antecedents of the
petitioner.
8. 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.
ii) The petitioner is granted bail in Special CC
No.305/2025 (Crime No.152/2025 of Hosamane Police
Station) registered for the offences punishable under
Sections 64, 87 of BNS, Section 9 of Prohibition of Child
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Marriage Act, 2006 and Section 6 of Protection of Children
From Sexual Offences Act, 2012 pending on the file of the
learned Additional District Sessions Judge, FTSC-I,
Shivamogga subject to the following conditions:
a) The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- with one surety
for the like sum to the satisfaction of the Trial
Court.
b) The petitioner shall not tamper the
prosecution witness either directly or indirectly.
c) The petitioner shall attend the Trial Court
on all dates of hearing unless exempted and
cooperate for speedy disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
bkm
List No.: 1 Sl No.: 25
