IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.9735/2018 BETWEEN:
Praveena, s/o late Ramesha, Aged about 23 years, R/at Pramod’s Rented House, 9th Cross, Weaver’s Colony, Gottigere Post, B.R.Road, Bengaluru-562 130.
(By Miss.Raksha Keerthana.K, Advocate for Sri.Kemparaju, Advocate) AND:
…Petitioner State of Karnataka by Hulimavu Police Station, Bengaluru District, Rep by its State Public Prosecutor High Court Complex, Bengaluru-560 001.
(By Sri.Honappa, HCGP) …Respondent This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petition on bail in Cr.No.104/2018 (Spl.C.C.No.665/2018) of Hulimavu Police Station, Bangalore for the offence p/u/s 342, 366A, 376 of IPC and Sec.5(L) of the 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 learned HCGP for the respondent-State and perused the records.
2. On careful perusal of the charge-sheet papers it is seen that the accused-petitioner has kidnapped/abducted CW2 who was aged about 16 years on 11.04.2018 and took her to different places and married her and also had intercourse with her. Thereafter, they were traced and accused-petitioner was in this case. Victim girl has given in her statement that sexual intercourse has taken place between them.
3. Learned counsel for the petitioner contended that the girl was aged about 16 ½ years as on the date of alleged incident and she voluntarily went along with the accused-
petitioner and they got married. Even now accused is ready and willing to marry CW2-victim girl. It was a consensual act between the accused-petitioner and CW2. The above said contention of the learned counsel would not hold any water because the age of the victim girl is about 16 years. Therefore, whatever act done by the accused, the consent of the victim would not in any manner benefit the petitioner. Therefore, in the above said circumstances, the petitioner is not entitled to be enlarged on bail.
With the above said observations, petition stands dismissed.
However, as the accused-petitioner is in custody, the trial Court is hereby directed to expedite the trial and dispose of the case itself, on merits within six months from the date of receipt of copy of this order.
Sd/- JUDGE SB