IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MAY 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.1580/2017 BETWEEN:
SRI MANJUNATHA S/O SIDDARAJAPPA AGED ABOUT 44 YEARS R/AT BABY VILLAGE MANDYA TALUK AND ALSO AT C/O DASARAHALLI BANGALORE – 560 057.
(BY SRI MOHAN KUMAR D., ADV.) AND:
STATE BY PEENYA POLICE STATION BANGALORE REPTD. BY S.P.P.
HIGH COURT OF KARNATAKA BANGALORE – 560 001.
(BY SRI CHETAN DESAI, HCGP.) …PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.1190/2016 OF PEENYA POLICE STATION, BENGALURU CITY, FOR THE OFFENCES P/U/S 9 AND 10 OF CHILD MARRIAGE RESTRAINT ACT, SECTION 76 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND SECTIONS 511, 323, 366A R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner/accused No.2 is charge sheeted by the respondent-police in respect of the offence punishable under sections 366-A, 323, 344, 511 r/w section 34 of IPC, sections 9 and 10 of the Child Marriage Restraint Act and Section 76 of Juvenile Justice (Care & Protection of Children) Act, 2015.
3. The allegation is, the victim Kum.Varshitha, a minor girl aged 12 years was abducted by her own mother, illegally confined and accused persons 1 to 5 tortured the victim physically and mentally and insisted her to marry the petitioner.
4. Perused the prosecution papers. Without expressing any remarks on the merits or demerits of the case, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.1190/2016 of respondent- police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall not terrorize the prosecution witnesses.
Dvr:
Sd/- JUDGE