-IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7053 OF 2019 BETWEEN:
MANJUNATH S/O PARMESHWARAPPA AGED ABOUT 30 YEARS RESIDING AT ETTIGEHALLI VILLAGE, SHIVAMOGGA TALUK AND DISTRICT SHIVAMOGGA. ...PETITIONER (By Sri HARISH PRABHU.S., ADVOCATE) AND:
STATE OF KARNATAKA, BY KUMSI POLICE STATION, REPRESENTED BY S.P.P. HIGH COURT BUILDING, BENGALURU – 560 001. ...RESPONDENT (SRI ROHITH.B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.142 OF 2019 OF KUMSI POLICE STATION, SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 376(2) OF IPC, SECTION 6 OF POCSO ACT, AND SECTIONS 9, 10, 11 OF PCM ACT, 2006.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the Respondent-State. Perused the records.
2. The FIR was registered in Cr.No.142/2019 of Kumsi Police Station, Shivamogga for the offence punishable under Section 376(2) of the Indian Penal Code, Section 6 of Prevention of Chiildren from Sexual Offences Act, 2012 and Sections 9, 10 and 11 of Prohibition of Child Marriage Act, 2006.
3. The allegations are that the accused/petitioner has persuaded the victim girl knowing fully well that she was a minor as on the date of the incident and took her away and married her and thereafter started leading marital life with her. The alleged incident took place on 06.01.2019. During the course of investigation as could be seen from the case diary furnished by the High Court Government Pleader, the date of birth of the girl is 10.02.2001, so as on the date of lodging of complaint, i.e., on 13.06.2019, she has already crossed 18 years. Further added to that, during the course of investigation, the statement of the victim girl was recorded under Section 164 of Cr.P.C. wherein she has categorically stated that she willfully went along with accused No.1 and then performed marriage with him and thereafter started leading marital life. Infact, they also visited her mother’s house and stayed there for a period of one month and thereafter went back to her husband’s house and leading a happy marital life. In the above stated facts and circumstances of the case and also that the victim girl has crossed the age of 18 years as on the date of the alleged offence and further, in view of the statement of the victim, attraction of provisions of Section 376 of IPC are doubtful. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.142/2019 of Kumsi Police Station, Shivamogga registered for the offence punishable under Section 376(2) of IPC, Section 6 of POCSO Act and Sections 9, 10 and 11 of PCM Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The 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.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Ordered accordingly.
Sd/- JUDGE DH