IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6077 OF 2019 BETWEEN:
Thotappa @ Ayyar, S/o Dhanapal, Aged about 24 years, Occ: Mason Work, R/o Mulkere, Seetaramapura Village, Bhadravathi Taluk, Shivamogga District – 577 301. (By Sri R.B. Deshpande, Advocate) AND:
1. The State of Karnataka By Bhadravathi Rural Police Station, Shivamogga District – 577 301.
(Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001).
2. Smt.Radha, W/o Abhimanyu, Aged about 39 years, Occ:Coolie, R/o Kulkere, Seetaramapura Village, …Petitioner Bhadravathi Taluk, Shivamogga District – 577 301.
(By Sri. Honnappa, HCGP for R1) …Respondents This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.232/2017 (Spl. Case No.13/2019) of Bhadravathi Rural P.S., Shivamogga For the offence P/U/S 366, 344, 506, 212, 376(2)(i)(n) of IPC, Section 5(J)(II)5(L), 6, 17 of POCSO Act and Section 9, 10 of Prohibition of Child Marriage 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. There are allegations against the petitioner herein (Accused No.1) that on 12.06.2017, he persuaded the victim girl, who was studying in 9th standard in Bhadravathi Town, on the assurance the he would marry her and took her to various places and ultimately, he married her and they lived together as husband and wife. They had physical contact with each other, as a result of which, the victim girl became pregnant. On these allegations the police have registered a case and investigated the matter and filed charge sheet and Special Case in No.13/2019 has been registered against the petitioner herein.
3. Looking to the above said facts and circumstances and considering the age of victim girl, who was almost 15 years age, in my opinion, at this stage, the petitioner is not entitled to be enlarged on bail.
4. Under the above said circumstances, the petition is dismissed .
However, the petitioner is at liberty to move the trial Court after examining the material witnesses, if advised.
Sd/- JUDGE Psg*