(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C. (483 of BNSS), praying to, allowed and the petitioner/accused may kindly be enlarged on regular bail by imposing reasonable conditions in Ramadurg P.S. Crime No.123/2025 under Section 64(2)(M) and Section 9 and 10 of Prohibition of Child Marriage Act and Section 4 and 6 of POCSO Act pending on the file of designated as Special Court for POCSO / II Addl. District and Sessions Judge, Belagavi and etc.,.)

Oral Order

1. The petitioner is before this Court seeking for grant of regular bail in Crime No.123/2025 of respondent- Police for the offences under Sections 64(2)(m) of the Bharatiya Nyaya Sanhita and Sections 9 and 10 of the Protection of Child Marriage Act, 2006 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012.

Brief facts of the case:

2. The case of the prosecution is that, the complainant is a Supervisor working in the Child Development Project Office at Ramdurg. She received an information that the victim is a pregnant who is aged about 16 years 5 months. Based on the said information, the complainant went and approached the victim. The victim disclosed the fact that she was in love with the petitioner and they married in a temple without informing their parents. Thereafter, they started living together, as a result of which, she became pregnant.

3. Upon receiving the said complaint, the respondent/Police registered a case in Crime No.123/2025 and the investigation is under progress.

4. The submission of the learned counsel for the petitioner is that the petitioner and the victim were in love with each other. Though it is stated in the statement of the victim that her age is 16 years 5 months, the fact remains that, this is not her actual age. Now she is pregnant. The Doctor has given expected date of delivery for the baby i.e., day after tomorrow. If this Court considers the bail application, it is appropriate for the welfare of mother and child. Making such submission, he prays to allow the petition.

5. Per contra, the learned High Court Government Pleader vehemently submitted that the bail application filed by the petitioner cannot be considered solely on the basis of the submissions made by the learned counsel for the petitioner. The matter has to be decided on merit. If such prayer is allowed, it leads to wrong message to the society at large. Therefore, the bail application has to be rejected.

6. Having heard the learned counsel for the respective parties and also on perusing the averments of the complaint, it appears from the record that the petitioner and the victim were in love with each other and married. Thereafter, they started living as husband and wife. Today, the victim is present before this Court and requested the Court to release the petitioner on bail stating that, a date is given for delivery of baby and she has to go to hospital for admission. Considering the facts and circumstances of the case, without adverting the merits of the case, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution.

7. Hence, I proceed to pass the following:

ORDER

          (i) The petition is allowed.

          (ii) The petitioner is ordered to be enlarged on bail in Crime No.123/2025 of respondent-Police for the offences under Sections 64(2)(m) of the Bharatiya Nyaya Sanhita and Sections 9 and 10 of the Protection of Child Marriage Act, 2006 and Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

          (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

          (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail.

           In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.