IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MAY, 2019 BEFORE THE HON'BLE Dr.JUSTICE H B PRABHAKARA SASTRY CRIMINAL PETITION No.2444/2019 BETWEEN:
NAVEEN NAYAK S/O. GANGA NAYAK AGED ABOUT 22 YEARS SUTHAHALLI THANDA SASALU HOBLI DODDABALLAPURA TALUK BENGALURU DISTRICT – 561 203 (BY SRI. M. ERAPPA REDDY, ADVOCATE) AND:
STATE OF KARNATAKA BY THE STATION HOUSE OFFICER DODDABALAPURA RURAL POLICE STATION DODDABALAPURA BENGALURU DISTRICT – 561 203 (BY SRI. DIVAKAR MADDUR, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.PC. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.42/2019 OF DODDABALLAPURA RURAL POLICE STATION, BANGALORE, FOR THE OFFENCE P/U/S. 366A, 376 OF IPC, SEC. 4 OF POCSO ACT AND SECTION 9 OF CHILD MARRIAGE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER It is alleged in the charge sheet that the accused who was known to the family of the complainant, was pestering the alleged victim girl to marry him. The alleged victim girl, according to her father- complainant, was aged about seventeen years as on the date of the alleged offence which was on 6.2.2019. Even though the parents of the victim girl refused to give girl in marriage to the accused, it is alleged that the accused enticed the said girl on 6.2.2019 and took her in a bus from Doddaballapura to Kyvara, married her on 9.2.2019 and is said to have sexual intercourse with her and thereby has committed offences punishable under sections 366-A, 376 of the Indian Penal Code, 1860 read with section 4 of Protection of Children from Sexual Offences Act, 2012 and also under section 9 of Prohibition of Child Marriage Act, 2006.
2. Learned counsel for the petitioner, in his arguments, submitted that the alleged victim girl was major as on the date of the alleged act. She had voluntarily and willingly joined the petitioner/accused who was not only a known person, but also her distant relative and both of them have willingly and voluntarily married to each other and were leading a happy marital life. Being dissatisfied with the act of their daughter, parents of the victim girl have lodged false complaint against him.
3. Per contra, learned High Court Government Pleader, in his arguments, submitted that the victim girl was forcibly taken and enticed to go along with the accused, who had induced her to go with him and it is thereafter he has subjected her to rape.
4. A perusal of the charge sheet would go to show that during the course of investigation, Police have also referred to Aadhaar card pertaining to the victim girl and it is alleged that said Aadhaar card shows that as on the date of the alleged offence, alleged victim had completed eighteen years of age. No doubt, Investigating Officer has also shown to have observed in the charge sheet that the parents of the victim girl are alleged to have stated that mentioning of date of birth in the Aadhaar card, showing the victim girl as major was an incorrect entry. That being the case, when true date of birth of the victim girl is in dispute and it is alleged that there is some evidence to show that girl was major as on the date of the alleged incident, I am of the view, considering the fact that investigation is completed and charge sheet is filed, the accused be enlarged on bail after imposing some reasonable restrictions. Accordingly, I proceed to pass following:
ORDER The petition is allowed. The petitioner be enlarged on bail in Crime No.42 of 2019 of Doddaballapura Rural Police Station, Bengaluru District, for the offence punishable U/S 366A, 376 of IPC, Sec. 4 of POCSO Act and U/S 9 of PCM Act, subject to the following conditions:
i) That the petitioner shall execute personal bond of `1,00,000/- (Rupees One Lakh only) with two solvent sureties, with proof of his address and to the satisfaction of the enlarging Court.
ii) The petitioner to give in writing about the change in his address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard.
iii) He shall appear before the Court on all the dates of hearing.
iv) He shall not tamper the prosecution witnesses and documents.
Sd/- JUDGE AN/-