IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3710/2019 BETWEEN:
State of Karnataka By Hunsur Town Police Station, Mysuru District.
Represented by State Public Prosecutor, High Court Building, Bengaluru. …Petitioner (By Sri. Honnappa, HCGP) AND:
Mohammed Salman Jaffar S/o Ameer Jan, Aged about 25 years, R/o # 1524-1, Muslim Block, Hunsur Town, Amin Nagar Mysuru District-587119. ... Respondent (By Sri.M.K.Metri, Advocate) This Criminal Petition is filed under Section 439(2) of Cr.P.C., to cancel the bail order dated 17.11.2018 passed by the VI Additional District and Special Judge, Mysore in Crl.Misc.No.1853/2018 in Cr. No. 386/2018 of Hunsur Town Police Station, Mysuru registered for the offences punishable under Section 376 (2) (i) (n) of IPC and under Section 2, 5(j) and 6 of POCSO Act and also under Section 9 of Prohibition of Child Marriage Act and Direct that the accused/respondent be arrested and committed to custody.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned HCGP for the petitioner-State and the learned counsel for the respondent. Perused the records.
2. This petition is filed seeking for cancellation of the anticipatory bail granted by the VI Additional District and Special Judge, Mysore in Crl.Misc.No.1853/2018 dated 17.11.2018 to the respondent herein for the offence punishable under Section 376 (2) (i) (n) of IPC and under Section 2, 5(j) and 6 of POCSO Act and also under Section 9 of Prohibition of Child Marriage Act.
3. The materials placed before the Court discloses that the marriage of the victim girl was solemnized with accused No.1 on 30.10.2015 as per muslim customs. Thereafter, they have shifted to Murnadu, Kodagu by taking a house on rent and they have blessed with a baby girl on 14.11.2016 and they were living happily. Accused No.1 often used to go to Kodagu for painting work. In the absence of accused No.1, the respondent (A2) got acquainted with the victim girl and used to behave with her closely. Accused No.1 suspecting the fidelity of the victim girl, has driven her out of the house. Considering the nature of allegations, facts of the case, age of the victim girl and also considering the statement of victim girl given under Section 161 of Cr.P.C. the trial Court has enlarged the petitioner on bail with stringent conditions.
4. It is not the case of the prosecution that the respondent has violated any of the terms and conditions imposed by the trial court while granting bail. Therefore, I do not find any strong reasons to interfere with the order passed by the trial Court. As such, the petition is liable to be dismissed as devoid of merits.
Accordingly, petition is dismissed.
Sd/- JUDGE JS/-