IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8216 OF 2019 Between:
Adinarayana S/o Pedda Gangulappa Aged about 28 years R/at Mamidikayipalli village Bagepalli Taluk Chikkaballapura District 562 101 Presently residing at Shankar Reddy’s rented house Behind Court Bagepalli Town Chikkaballapura District 562 101 (By Shri Raghavendra V., Advocate) And:
State of Karnataka By Sub-Inspector of Police Bagepalli Police Station Chikkaballapura 562 101 Represented by State Public Prosecutor High Court of Karnataka Bangalore – 560 001 (By Shri Rohit, B.J., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioners on bail in Crime No.187 of 2019 of Chikkaballapura Rural Police Station, Chikkaballapura for the offence punishable under Sections 363, 376 of the Indian Penal Code and Sections 4, 6 and 12 of POCSO Act, and Section 9 and 10 of Prohibition of Child Marriage Act, 2006.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R On the basis of the missing complaint lodged by the mother of the victim girl named Sarojamma of Samasenahalli in Chikkaballapur Taluk, the police have registered a case in Crime No.187 of 2019 for the offence punishable under Section 363 of the Indian Penal Code and started investigation for the offence under Section 376 of the Indian Penal Code and Sections 4, 6 and 12 of POCSO Act and Section 9 and 10 of Prohibition of Child Marriage Act, 2006.
2. After the investigation, the police have also filed charge sheet for the offence punishable under Section 363, 376 of the Indian Penal Code read with Section 9 and 10 of the Prohibition of Child Marriage Act and also under Sections 4, 6 and 12 of the POCSO Act.
3. The petitioner is arraigned as accused No.2 in the said case. The statement of the mother of victim girl discloses that they had decided to perform the marriage of the victim girl with accused No.2-the present petitioner. The victim’s mother and the victim girl started living with the petitioner in his house. However, the victim girl fell in love with the accused No.1 and it is alleged that the petitioner, who also started touching and kissing the victim girl, has taken advantage on 10th June, 2019 in his house, he has committed sexual intercourse with the said girl. Thereafter, she has informed the accused No.1-Nagesh and secured his presence and both of them went away, married each other and started living together as husband and wife. A case has been registered against both the accused Nos.1 and 2. The records of the case disclose that she has already crossed 17 years 6 months as on the date of the alleged offence.
4. The above said circumstance disclose whether the petitioner having contracted the marriage as per the statement of the victim’s mother, had sexual intercourse with the said girl with consent or against her consent, and thereafter, she went along with accused No.1, have to be established during the course of the full-fledged trial. Earlier, when the complaint was lodged there was no allegation against the petitioner. Only during the course of investigation, the victim girl under Section 161 and 164 of the Code of Criminal Procedure Statements inculpated this petitioner as one of the accused. In view of the victim girl is on the verge of attaining the age of majority and also the surrounding circumstance that they were living with the accused No.2 and the victim’s mother was also living in the house of the petitioner, in my opinion, the entire case has to be proved beyond reasonable doubt that the said act of this petitioner was against the will of the victim girl or knowing fully well that though she was a minor girl he has committed the said offence.
5. Under the above said circumstances, considering the nature of the allegation and also the age of the girl and as the petitioner had already been arrested, interrogated and presently he is in judicial custody, charge sheet has already been filed and the victim girl has already been married with accused No.1, in my opinion, the petitioner has made out case for grant of bail. Hence the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.187 of 2019 of Chikkaballapura Rural Police Station, Chikkaballapura for the offence punishable under Sections 363, 376 of Indian Penal Code and Section 4, 6 and 12 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
lnn Sd/- JUDGE