IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3633/2019 BETWEEN:
Shri Sarish Kumar S/o Munikrishna Aged 22 years R/at No.85, 9th Cross Pillareddy Nagara Banasawadi, Kalyananagara Post Bengaluru – 560 043 (By Sri Basavaraju T A, Advocate for Sri R.Srinivasa, Advocate) AND:
State of Karnataka by Amruthahalli Police Station Bengaluru, Karnataka Rep. by its S.P.P. High Court Building Bengaluru-560001 (By Sri Honnappa, HCGP) …Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.28/2019 of Amruthahalli police station, Bengaluru City for the offence punishable under Section 366 of IPC and Section 5(L) and 6 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The case of the prosecution as per the charge sheet is that the victim girl who was aged about 16 years 10 months was married by the petitioner and lived with her as husband and wife. On careful perusal of the materials it shows that the girl has given her statement under Section 164 of Cr.P.C. before the Magistrate and under Section 161 of Cr.P.C. before the Police, wherein she has stated that she voluntarily went to the house of the accused/petitioner and there they performed the marriage of the petitioner and the victim and they started living as husband and wife. Therefore the police after tracing the same, laid a charge sheet for the offence under Section 366 of IPC and Section 5(L) and 6 of POCSO Act, 2012.
3. Learned counsel for the petitioner strenuously submitted before the Court that there is no offence attracted, as the girl herself voluntarily went along with the accused and lived with him and married him. When girl is below the age of 18 years, even if she voluntarily goes with the accused, if he continues to live with her and married the girl knowing fully well that she is a minor, in such an eventuality, it cannot be said that the offence is not committed. The statement of the victim girl under Section 161 and 164 of Cr.P.C., both have to be tested during the course of full dressed trial.
4. Looking to the above said facts and circumstances of the case, specifically the age of the victim girl that she has not even attained the age of 17 years, I am of the opinion that it is not a fit case to enlarge the petitioner on bail. Hence the petition deserves to be dismissed. Accordingly it is dismissed.
Sd/- JUDGE Kmv/-