Sathishnaika vs State Of Karnataka on 25 July, 2017

[Cites 14, Cited by 0]

Karnataka High Court

Sathishnaika vs State Of Karnataka on 25 July, 2017

Bench: Rathnakala

                           1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 25TH DAY OF JULY 2017

                        BEFORE

     THE HON'BLE MRS. JUSTICE RATHNAKALA

    CRIMINAL PETITION NO.4625 OF 2017

BETWEEN:

Sathishnaika
S/o Lambaninaika
Aged about 23 years
R/at Karehalli Hatti Village
Kasaba Hobli, Arasikere Taluk
Hassan District - 573 103                  ... Petitioner

(By Sri Raghavendra H.S, Advocate)
AND

State of Karnataka
By Arasikere Rural Police Station
Hassan District
Represented by the
State Public Prosecutor
High Court Building
Bengaluru - 560 001                      ... Respondent

(By Sri S.Vishwamurthy, HCGP)

     This criminal petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.79/2017 of Arasikere Rural Police Station
Hassan (CR No.143/2017) for the offence p/u/s 376 of
IPC and under Sections 9, 10 and 11 of Child Marriage
                             2


Restraint Act and under Sections 4, 6 and 8 of POCSO
Act.

     This petition coming on for orders this day, the
Court made the following:

                       ORDER

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

2. The petitioner is in judicial custody in Crime No.79/2017 registered by the respondent-police in respect of the offence punishable under Section 376 of IPC and under Sections 9, 10 and 11 of gChild Marriage Restraint Act and under Sections 4, 6 and 8 of POCSO Act.

3. The allegation is, the victim girl is aged 16 years 6 months was forcibly married to this petitioner during January 2017 and this petitioner committed rape on her, due to which she conceived. 3

4. Sri Raghavendra H.S., learned counsel for the petitioner submits that, the petitioner had no knowledge of the age of the victim girl, he has no parents and even now, the victim is in his house. There is no other male person in his house to take care of her. He undertakes to abide by any condition that may imposed by this Court.

5. Having regard to the nature of the allegation the presence of the petitioner in judicial custody for the purpose of further investigation is not required. Accordingly the petition is allowed. Petitioner is enlarged on bail in Cr.No.79/2017 registered by the 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.

The surety shall furnish his/her Identity card/Aadhar card and original title deed 4 pertaining to his/her immovable property for perusal of the Court.

(ii) He shall not repeat the offence on the victim girl,

(iii) He shall make himself available before the Investigating Officer, during the further course of investigation.

Sd/-

JUDGE KMV*

Unlock Advanced Research with PRISMAI

Karnataka High Court