IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4901/2019 BETWEEN 1. RUDRAMMA W/O RAMANNA AGED ABOUT 45 YEARS SHEPPARD 2. RAMANNA S/O SIDDAPPA AGED ABOUT 55 YEARS SHEPPARD 3. CHANDRAPPA @ CHANDRASHEKARA @ CHANDRU, S/O RAMANNA AGED ABOUT 25 YEARS SHEPPARD ALL ARE R/O HALU MADENAHALLY VILLAGE JAVAGONDANAHALLY HOBLI HIRIYUR TALUK, CHITRADURGA DISTRICT-577 527 ... PETITIONERS (BY SRI. C. GOPALAKRISHNAMURTHY, ADVOCATE) AND STATE BY SRIRAMPURA P. S. HOSADURGA CIRCLE CHITRADURGA DISTRICT REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.249/2018 (SPL. CASE NO.7/2019) OF SRIRAMPURA POLICE STATION, CHITRADURGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 366, 366A, 376, 306 READ WITH 149 OF IPC AND SECTION 4, 6, 18 OF POCSO ACT AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Notice issued to the complainant in this case has been served. The complainant remained absent and there is no representation on his behalf.
2. Heard the learned counsel for the petitioners and the learned HCGP for the Respondent–State. Perused the records.
3. The petitioners are arraigned as Accused Nos.
2, 3 and 5 respectively.
4. The complainant by name Sri. Shivanna, the father of the victim girl lodged a report stating that, his daughter Kavitha was abducted by these petitioners (A2, A3 & A5) along with Accused No.1 and illegally conducted the marriage of the said victim girl with Accused No.1. When their act was questioned by the complainant, Petitioner No.1 (A2) told him that he need not give any complaint and within two days they will send back the victim girl-Kavitha to his house. After about three days, the complainant once again went and questioned the petitioners herein, then petitioner No.1 (A2) told him that they have performed the marriage of the victim girl along with Accused No.1 and the complainant can do whatever he want. Having come to know about these facts, the mother of the victim girl has committed suicide being frustrated by the act of the victim girl and the accused persons. Therefore, on the above said allegations, the respondent-Srirampura Police have registered a case in Crime No. 249/2018 against the petitioners/accused for the offences punishable under Sections 366, 366-A of IPC initially and after thorough investigation, the police have filed charge sheet for the offences punishable under Sections 306, 366, 366-A, 376 of IPC and also under Sections 4, 6 & 18 of the POCSO Act, and Section 9 of Prohibition of Child Marriage Act.
5. During the course of investigation, the police have also got recorded 164(5) statement of the victim girl-Kavitha. The victim girl has only made allegations against Accused No.1 and also that she was aged 16 years and she fell in love with Accused No.1 and both of them went together and married with each other on 26.10.2018 and thereafter, they went to various places and in some places they resided in the relative’s house of Accused No.1.
6. On careful perusal of the said statement, there is absolutely no allegations made against these petitioners that at their instance whether the marriage was conducted between the victim girl and Accused No.1 and she has not even stated that these petitioners were present at the time of her marriage with Accused No1. Therefore, in the above said circumstances, though some omnibus statement has been made by the complainant against these petitioners, the victim girl herself has not made any allegations against these petitioners (Accused Nos.2, 3 & 5 respectively).
7. Learned counsel for the petitioners submitted that Accused Nos.1 & 4 were already released on bail by the trial court itself.
8. Therefore, looking to the facts and circumstances of the case and since Accused Nos. 1 & 4 are already released on bail and as these petitioners also stand on the same footing as that of Accused Nos. 1 & 4, it is a fit case to grant Anticipatory Bail to these petitioners. Therefore, the petitioners (A2, A3 and A5) are entitled to be enlarged on Anticipatory Bail, as prayed for. Hence, the following order:-
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.249/2018 of Srirampura Police Station, registered against them for the offences punishable under Sections 306, 366, 366(A), 376 r/w. Section 149 of IPC and Sections 4. 6, 18 of POCSO Act, 2012 and Section 9 of Prohibition of Child Marriage Act, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bonds for a sum of Rs.50,000/- each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission of the Court, till the charge sheet is filed or for a period of Three months whichever is earlier.
KGR* Sd/-
JUDGE