IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7874/2019 BETWEEN:
MR. SIDDAMURTHY, S/O. HONNALEPPA, AGED 22 YEARS, R/AT HURULIYALA, KUDLIGI THALUK, BELLARY DIST-583 126. ... PETITIONER [BY SRI. PHANIRAJ KASHYAP, ADVOCATE] AND:
STATE BY JAGALUR POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.402/2018 OF JAGALUR P.S., DAVANAGERE FOR THE OFFENCE P/U/S 376, 363 OF IPC, SECTION 6 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 Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Crime No.402/2018 of Jagalur P.S., Davanagere for the offence under Section 363 of IPC registered for the said offence on the missing complaint lodged by the father of the victim girl. After the investigation, the Police have charge-sheeted the petitioner for the offence under Sections 363, 376 IPC., under Section 6 of POCSO Act and under Section 9 of the Prohibition of Child Marriage Act.
3. The brief facts of the case are that;
As could be seen from the charge-sheet papers, it is the case of the prosecution that on 30.11.2018 the daughter of the complainant i.e., the victim girl left the house on the guise of going to the College. At that time, the accused knowing fully well that the victim girl was a minor, persuaded her to go to Chitradurga and thereafter to Hubballi and he also persuaded to marry her and accordingly, on 01.12.2018 they married at Savadatti Ellamma Temple. Thereafter, they lived together as husband and wife between 10.12.2018 and 08.01.2019 at Hubballi and thereafter, they were traced and the petitioner was arrested in connection with the case.
4. During the course of the investigation, the Police have also recorded the statement of the victim girl under Section 161 of Cr.P.C. and also under Section 164 of Cr.P.C. before the Jurisdictional magistrate. In the statement recorded under Section 164 of Cr.P.C., the victim girl has stated that she went along with the accused to Chitradurga and Hubballi and they resided in a room. But, they came to know that their parents are searching for them and then they were traced in Hubballi. She also disclosed that she would marry the petitioner after completion of 18 years. She also stated that the accused has not done anything to her.
5. On the basis of the above said material available on record and considering the age of the victim girl that as per the charge-sheet the date of birth is 24.10.2001 and as on the date of the incident she has crossed 17 years, during the course of the trial, it should be established that the victim girl was 18 years at the time of the incident. Considering the age of the victim girl and giving benefit of one year described this side or that side, in my opinion, for the purpose of considering the bail petition, as the victim has crossed 17 years and considering the nature of the allegations and the conduct of both the petitioner and the victim girl, the petitioner is entitled to be enlarged on bail with conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.402/2018 of of Jagalur P.S., Davanagere for the offence under Sections 363, 376 IPC., under Section 6 of POCSO Act and under Section 9 of the Prohibition of Child Marriage 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 likesum 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 off.
Sd/- JUDGE Ksm*