IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3085 OF 2017 BETWEEN:
K.M. Suresh, S/o. Mallikarjunappa, Aged about 40 years, B.Kalpanahalli Village, Davanagere Taluk, District-577586. …Petitioner (By Sri Ramakrishna N., Adv.) AND:
State of Karnataka, By SHO, Harappanahalli Police Station Rep. by State Public Prosecutor, High Court Buildings, Bangalore. …Respondent (By Sri Chetan Desai, HCGP ) ***** This Criminal Petition is filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.249/2013 (C.C. No.964/2014) of Harappanahalli Police Station, Davanagere District for the offence P/U/S 9, 10, 11 of Child Marriage Restraint Act and Section 149 of IPC.
This petition coming on for Orders this day, the Court made the following:-
ORDER The petitioner-accused No.6 along with co-accused is charge sheeted by the respondent-police in respect of the offences punishable under Sections 9, 10 and 11 of Child Marriage Act R/w Section 149 of IPC.
2. The allegation is, knowing fully well that the victim is a minor aged 16 years, the petitioner let the co- accused to celebrate her marriage with accused No.1. Petition under Section 438 of Cr.P.C was rejected by the Sessions Court on the ground that the offence alleged against the petitioner is bailable.
3. Learned counsel for the petitioner submits that the offence under Child Marriage Act is repealed (The Prohibition of Child Marriage Act, 2006) and the offences under the said Act are non-bailable. If anticipatory bail is granted for a limited period, the petitioner shall surrender before the concerned court and participate in the proceedings.
4. Having regard to the nature of the allegations, there is no impediment to allow the petition.
5. Petitioner is granted anticipatory bail for a period of three weeks in Crime No.249/2013 registered by the Respondent-Police. Within the above period he shall surrender before the concerned Court and move for regular bail. Till disposal of regular bail petition, this order shall be in force. In the event of his arrest in respect of the above case by the Respondent-Police within the above period, he shall be released on bail on executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for like sum to the satisfaction of the Investigating Officer.
Sd/- JUDGE UN