[Cites 12, Cited by 0]
Karnataka High Court
Honnappa S/O Parasappa Talawar vs The State Of Karnataka on 13 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4019
CRL.P No. 100048 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO. 100048 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
HONNAPPA
S/O. PARASAPPA TALAWAR,
AGE: 22 YEARS,
OCC: AGRICULTURE,
R/O. KURAGUNDA,
TQ./DIST. HAVERI-581110.
...PETITIONER
(BY SRI VIJAYENDRA BHIMAKKANAVAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH BYADAGI POLICE STATION,
Digitally signed
by MALLIKARJUN
RUDRAYYA
NOW REPTD. BY
KALMATH
Location: High ITS SPECIAL PUBLIC PROSECUTOR,
Court of
Karnataka,
Dharwad Bench HIGH COURT OF KARNATAKA,
AT: DHARWAD.
2. SMT. RADHA
W/O. RAJENDRA HULLATTI,
SUPERVISOR OF CDPO OFFICE,
BYADAGI,
R/O. KENGONDA, TQ. BYADAGI,
DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
NOTICE FO R2 SERVED)
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NC: 2026:KHC-D:4019
CRL.P No. 100048 of 2026
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),
2023, PRAYING TO GRANT/ENLARGED THE ACCUSED/
PETITIONER NO.1 ON ANTICIPATORY BAIL, IN THE EVENT OF
HIS ARREST IN BYADAGI PS CRIME NO.200/2025 REGISTERED
PURSUANT TO THE COMPLAINT AND FIR VIDE ANNEXURE-A AND
B DATED 24.09.2025 AND SO ALSO CHARGE-SHEET VIDE
ANNEXURE-D DATED 12.11.2025 IN BYADAGI PS CRIME NO.
200/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 6,
4, 12 AND 17 OF POCSO ACT, 2012 AND FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 9, 10 AND 11 OF PROHIBITION
OF CHILD MARRIAGE ACT (PCMA), 2016 AND FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 87, 64(2)(f),
64(2)(m) R/W. 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS),
PENDING ON THE FILE OF DISTRICT AND SESSIONS JUDGE,
FTSC-1, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This criminal petition is filed by the petitioner/accused
No.1 under Section 438 of Code of Criminal Procedure
(Cr.P.C.)/482 of Bharatiya Nagarika Suraksha Sanhita, 2023
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HC-KAR
(BNSS), praying to enlarge the petitioner/accused No.1 on
anticipatory bail with the following prayer:
"PRAYER
WHEREFORE, the accused No.1/Petitioner herein
humbly prays that, this Hon'ble Court may be pleased
to grant/enlarged the Accused/Petitioner No.1 on
anticipatory bail; in the event of his arrest in Byadagi
PS Crime No.200/2025 registered pursuant to the
complaint and FIR vide Annexure-A and B dtd:24-09-
2025 and so also charge-sheet vide Annexure-D dtd:
12-11-2025 in Byadagi PS Crime No.200/2025 for the
offences punishable U/s 6, 4, 12 and 17 of POCSO Act,
2012 and for the offences punishable U/s 9, 10 and 11
of Prohibition of Child Marriage Act (PCMA), 2016 and
for the offences punishable under Sections 87,
64(2)(f), 64(2)(m) R/w 3(5) of the Bharatiya Nyaya
Sanhita (BNS) 2023 pending on the file of Addl.
District and Sessions Judge, FTSC-I, Haveri."
2. It is the brief case of allegation against the
petitioner/accused No.1 that the petitioner/accused No.1
has performed marriage with one minor; therefore, the
offences are foisted against the petitioner/accused No.1 as
above stated.
3. As per the prosecution case, as on the date of
marriage, the victim was a minor girl of 17 years 05 months
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HC-KAR
and 10 days old and during the marriage the victim was not
having her father. The victim has only a single parent, who
is her mother and the victim has given a statement before
the learned Magistrate under Section 183(5) of BNSS
stating that since her grandmother had fallen ill; therefore,
with an intention to perform her marriage during the
lifetime of grandmother, both the petitioner/accused No.1
and the victim have solemnized the marriage.
4. Further, the victim has given a statement that
the accused, who is her husband, has not given ill-
treatment and cruelty.
5. Now, the Police have filed charge sheet and upon
considering the statement given by the victim before the
learned Magistrate, this Court without expressing any
opinion on the merits involved in the case, holds that the
petitioner/accused No.1 is liable to be released on
anticipatory bail. Thus, the petition is liable to be allowed.
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HC-KAR
ORDER
i. The petition is allowed.
ii. The petitioner/accused No.1 is enlarged on bail in the
event of his arrest in Crime No.200/2025 of Byadagi
Police Station, registered for the offence punishable
under Sections 6, 4, 12 and 17 of POCSO Act, 2012;
for the offences punishable under Sections 9, 10 and
11 of Prohibition of Child Marriage Act (PCMA), 2016
and for the offences punishable under Sections 87,
64(2)(F), 64(2)(M) read with Section 3(5) of the
Bharatiya Nyaya Sanhita (BNS) pending on the file of
Additional District and Sessions Judge, FTSC-I, Haveri,
subject to the following conditions.
a) The petitioner/accused No.1 shall appear
before the trial Court and shall seek for
bail within ten days from the date of
receipt of a copy of this order.
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b) The petitioner/accused No.1 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.
c) The petitioner/accused No.1 shall not
indulge in the same offence or any other
criminal cases, till completion of the trial.
d) The petitioner/accused No.1 shall not
leave the jurisdiction of the Trial Court
without prior permission of the Court.
e) The petitioner/accused No.1 shall not
tamper and threaten the prosecution
witnesses in any manner.
f) The petitioner/accused No.1 shall mark
his attendance before the concerned
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police station on every Saturday between
11.00 a.m. to 02.00 p.m.
g) The petitioner/accused No.1 shall attend
the Court regularly during the trial without
fail. If not attend for consecutive two
times, it entails cancellation of bail.
h) Violation of any one of the conditions
would entitle the prosecution to seek for
cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA /CT-AN
List No.: 1 Sl No.: 29
