Karnataka High Court
Vittal S/O Siddappa Madennavar vs The State Of Karnataka on 12 December, 2023
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NC: 2023:KHC-D:14551
CRL.P No. 103218 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 103218 OF 2023
BETWEEN:
VITTAL S/O SIDDAPPA MADENNAVAR
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: HARUGOPPA ,TQ: SAUNDATTI,
DIST: BELAGAVI-591102.
...PETITIONER
(BY SRI. R.H.ANGADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(MURAGOD POLICE STATION),
R/BY STATE PUBLIC PROSECUTOR,
THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SMT. JYOTI D/O KUBER KOPPAL,
AGE: 43 YEARS,
OCC: SUPERVISOR OF ANGANAWADI,
(CIRCLE-CHACHADI),
Digitally
R/O AT: POST: DODDAWAD VILLAGE,
signed by
VN
VN
BADIGER
TQ: BAILHONGAL, DIST: BELAGAVI-591104.
BADIGER Date:
2023.12.15 ...RESPONDENTS
10:25:54
+0530 (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
R2-NOTICE SERVED)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO ENLARGE THE PRESENT PETITIONER ON BAIL WHO
IS ARRAYED AS AN ACCUSED NO.1 SPL. CASE NO. 577/2023
OFFENCE P/U/SEC. 9, 10, 11 OF CHILD MARRIAGE ACT, AND
376(2)(n), (34) OF IPC AND SEC. 4 AND 6 POCSO ACT, ON THE
FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-I,
BELAGAVI, IN CONNECTION WITH MURAGOD P.S. CRIME
NO. 259/2023, BY ALLOWING THE PRESENT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:14551
CRL.P No. 103218 of 2023
ORDER
Heard Shri. R.H. Angadi, learned counsel for the petitioner and Shri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for the respondent No.1/State.
2. The petitioner herein is accused No.1 in Crime No.259/2023 of Murgod Police Station, for the offences punishable under Sections 9, 10, 11 of Child Marriage Act, 2006, 376(2)(n), r/w 34 of Indian Penal Code (for short "IPC") and Sections 4 and 6 of POCSO Act.
3. Brief facts of the case.
It is the case of the prosecution that the complainant was working as Anganawadi Supervisor. She has received message from the Childrens Development Project Officer (CDPO) that a minor girl gave birth to a male child at Belagavi hospital and asked the complainant to go and verify it. On the same day, the complainant had been to hospital and contacted the minor and recorded her -3- NC: 2023:KHC-D:14551 CRL.P No. 103218 of 2023 statement. On the basis of the statement of the victim, the facts have been unfolded that, the victim is aged about 17 years 11 months. She was resident of Mallur village, Savadatti Taluk. The first wife of the petitioner was died. The father and mother of the petitioner's have performed the marriage of the victim with the petitioner even though she is minor. On 22.06.2022 at about 1.00 p.m., the marriage was solemnized secretly without informing anybody. The victim started her marital life in her matrimonial house. The petitioner herein said to have sexually assaulted her on several occasions. Consequently, she became pregnant and gave birth to a child on 23.08.2023. Upon receiving the statement of the victim, the complainant has registered a complaint before the jurisdictional police. The jurisdictional police registered a case in Crime No.258/2023 for the above said offences. After conducting the investigation, submitted the charge sheet. The petitioner is in judicial custody since 16.09.2023.
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NC: 2023:KHC-D:14551 CRL.P No. 103218 of 2023
4. It is the submission of the learned counsel for the petitioner that the petitioner is working as an Agriculturist. The petitioner is the only earning member of the family and the entire family is depending on his income. The petitioner was not aware about the actual age of the victim. The parents of the victim have suppressed her actual age and performed the marriage. When the petitioner got admitted to the hospital for delivery, the victim has informed her age, then, the petitioner has got the information regarding her actual age.
5. It is further stated that, the complainant being an Anganawadi Supervisor has lodged a complaint against the petitioner and others. Consequently, the case has been registered. The petitioner is aged about 35 years and resident of Harugoppa, Saundatti Taluk and he will abide the conditions imposed by this Court in the event of his release on bail. The other accused are already enlarged on bail and their bail has been granted by the Trial Court. -5-
NC: 2023:KHC-D:14551 CRL.P No. 103218 of 2023 Making such submission the learned counsel for the petitioner prays to allow the petition.
6. Per contra, Shri. Praveena Y. Devareddiyavara, learned High Court Government Pleader, vehemently opposed the bail petition and submitted that the alleged offence is heinous in nature. The accused/petitioner committed sexual assault against the minor and she gave birth to a child. If the petitioner is enlarged on bail there may be chances of tampering or threatening the prosecution witnesses and therefore, he his not entitled for bail. Making such submission, learned HCGP prays to dismiss the petition.
7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet and the complaint, it appears that the age of the victim as on the date of the marriage was 17 years, it is an arranged marriage. Now it is relevant to refer to the provision under Section 375 exception 2 of IPC which reads thus:
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NC: 2023:KHC-D:14551 CRL.P No. 103218 of 2023 "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape."
8. On careful reading of the above said provision, it makes it clear that if a Man/husband committed sexual act with his own wife, and the wife is not being under 15 years of age, is not a rape. Considering the definition and also the submission of the learned counsel for the petitioner, that other accused have already enlarged on bail, it is appropriate to grant bail by imposing suitable conditions.
Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No.259/2023 of Murgod Police Station, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the -7- NC: 2023:KHC-D:14551 CRL.P No. 103218 of 2023 satisfaction of the jurisdictional police and also the Trial Court, subject to the following conditions:-
a) The petitioner shall not tamper the prosecution witnesses nor hamper the proceedings of the Court.
b) The petitioner shall appear before the Trial Court on all dates of hearing without fail.
n case, if the petitioner violate any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.
Sd/-
JUDGE RKM List No.: 1 Sl No.: 12