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Judgment
Accused in Crime No.316/2026 registered by Kodigehalli Police Station, Bengaluru, for the offences punishable under Section 9 of the Prohibition of Child Marriage Act, 2006, Section 64(1) of BNS, 2023 and Sections 4, 5(j)(ii), 5(L) and 6 of the POCSO Act, 2012, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.
Heard the learned counsel for the parties.
FIR in Crime No.316/2026 was registered by Kodigehalli Police Station, Bengaluru, for the aforesaid offences against the petitioner herein based on the first information dated 21.08.2026 received victim girl. In the said case, petitioner was arrested on 27.08.2026 and produced before the Court. His bail application filed thereafter before the jurisdictional Sessions Court in Crl.Misc.No.9316/2026 was rejected on 30.09.2026. Therefore, he is before this Court.
A reading of the first information as well as other material available on record would go to show that date of birth of the victim girl is 26.09.2008, as per her Aadhar card. She and the petitioner were in love and since, their parents were not willing to perform their marriage, they had got married in a temple and subsequently, started residing as husband and wife in Bengaluru. It appears that victim had conceived and thereafter, she had gone to the Hospital for her medical examination. After ascertaining her age from her Aadhar Card, hospital authorities had summoned police, who had recorded the statement of the victim girl and registered FIR in Crime No.316/2026 against the petitioner for the aforesaid offences.
According to learned counsel for the petitioner, date of birth of victim girl has been wrongly mentioned in the Aadhar Card. Learned counsel for respondent No.2 and the father of the victim girl, who is present in the Court in-person also state that date of birth of the victim girl has been wrongly mentioned in her Aadhar card.
Be that as it may, the fact remains that petitioner and the victim girl are married and the victim girl, who was pregnant has now given birth to a child. Petitioner, is therefore, required to take care of his wife and child. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.316/2026 registered by Kodigehalli Police Station, Bengaluru, for the offences punishable under Section 9 of the Prohibition of Child Marriage Act, 2006, Section 64(1) of BNS, 2023 and Sections 4, 5(j)(ii), 5(L) and 6 of the POCSO Act, 2012, subject to the following conditions:
Petitioner shall execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum, to the satisfaction of the jurisdictional Court;
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;
The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
The petitioner shall not involve in similar offences in future;
The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.