IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4397/2019 BETWEEN:
VENU V.
S/O LATE VENKATA PATHI AGED ABOUT 23 YEARS R/AT SEEGEHALLI VILLAGE TUBAGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 203 …PETITIONER (BY SRI T.C.RAVICHANDRA, ADVOCATE) AND:
STATE BY DODDABALLAPURA RURAL P.S.
REP. BY LEARNED PUBLIC PROSECUTOR …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 CRIME NO.61/2019 OF DODDABALLAPURA POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 366-A, 376 OF IPC, SECTION 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND SECTION 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006.
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 appearing for the respondent-State. Perused the records.
2. On the complaint lodged by one Venkatesh father of the victim, police have registered the case against accused in Crime No.61/2019 for the offences punishable under Section 366A and 376 of IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and also under Section 9 of the Prohibition of Child Marriage Act, 2006.
3. The brief allegations are that the victim girl daughter of the complainant was aged more than 17 years and below 18 years. She was loving the petitioner for more than two years. On 06.01.2019, accused had taken her along with him to Palanajoganahalli Sri Anjaneyaswamy Temple and married her. Thereafter, they started living together as if they were husband and wife. It is stated that during that point of time, they had sexual activity with each other. It is stated by the victim girl that she was aged more than 17 years, but she has not crossed 18 years, therefore, their marriage could not be performed as she has not crossed 18 years. However, inspite of saying that the victim has not crossed 18 years, the petitioner married her and had sexual intercourse. Thereafter, he sent her to her house. After about 2 to 3 days, the petitioner called the victim over phone and stated that he would not marry her again. In this context, the police have investigated the matter and submitted the charge sheet.
4. The age of the victim girl is shown that she has not crossed 17 years and that age is not valid for marriage and has not attained majority. The voluntariness of the victim girl going along with the accused is available on record itself. As charge sheet has already been filed, the accused has been in judicial custody since the date of his arrest, hence, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following:
O R D E R The petition is allowed. The petitioner shall be released on bail in connection with Special C.C.No.186/2019 (Crime No.61/2019) registered by Doddaballapura Rural police station which is now pending on the file of II Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru, subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of `1,00,000/-(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court;
ii) The petitioner shall not tamper with the prosecution witnesses and he shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court;
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer as and when called for; & iv) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission, till the case registered against him is disposed of.
KSR Sd/- JUDGE