Karnataka High Court
Shri. Srinivasa S K vs The State Of Karnataka on 21 May, 2024
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NC: 2024:KHC:17521
CRL.P No. 11454 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 11454 OF 2023
BETWEEN:
SHRI. SRINIVASA S.K.,
S/O SHRI KRISHNAPPA,
AGED ABOUT 25 YEARS,
R/O SADDUPALLI,
HOBLI GULURU,
TALUKA BAGEPALLI,
DISTRICT CHIKKABALLAPURA - 561 207.
...PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY SUB-INSPECTOR OF POLICE,
Digitally
signed by BAGEPALLI POLICE STATION,
SUDHA S
Location: TALUKA BAGEPALLI,
HIGH COURT DISTRICT CHIKKABALLAPURA,
OF
KARNATAKA REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. VICTIM GIRL,
RESENTED BY ANUSUBAYI,
W/O DATTU CHAVANA,
AGED ABOUT 46 YEARS,
CDPO OFFICE,
R/O BAGEPALLI TOWN,
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NC: 2024:KHC:17521
CRL.P No. 11454 of 2023
TALUKA BAGEPALLI,
DISTRICT CHIKKABALLAPURA - 561 207.
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN SPL.SESSIONS
(POCSO) NO.141/2022 (CR.NO.456/2022) OF BAGAPALLI P.S.,
CHIKKABALLPURA DISTRICT FOR THE OFFENCE P/U/S 376(3)
OF IPC AND SEC.4 AND 6 OF POCSO ACT AND SEC.9, 10 OF
CHILD MARRIAGE RESTRAIN ACT PENDING ON THE FILE OF
THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I
(POCSO), CHIKKABALLAPURA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner - accused is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No.456/2022 of Bagepalli Police Station, registered for the offence punishable under Section 376(3) of the IPC, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and also Sections 9 and 10 of the Child Marriage Restraint Act, on the basis of the first information lodged by the complainant - Smt. Anusubayi.
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NC: 2024:KHC:17521 CRL.P No. 11454 of 2023
2. Heard Sri. Veeranna G. Tigadi, learned counsel appearing for the petitioner, Smt. Sowmya R., learned HCGP appearing for respondent No.1-State.
3. Respondent No.2 filed a complaint before the jurisdictional police stating that on 14.05.2021, the petitioner herein induced the minor girl, who is arrayed as C.W.2 and married in the temple and thereafter, he has committed sexual assault, consequently, she became pregnant. Therefore, a complaint came to be registered against the petitioner for the aforesaid offences.
4. The jurisdictional police after registering the case, conducted the investigation and submitted the charge sheet. It is the submission of the learned counsel appearing for the petitioner that in the trial, C.W.2 has been examined as P.W.2 and she has not supported the case of the prosecution and moreover, the petitioner is the earning member of the family and he is in judicial custody since 12.10.2022. The petitioner will abide the condition imposed by the Court, in the event of his release on bail.
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NC: 2024:KHC:17521 CRL.P No. 11454 of 2023
5. It is further submitted that the petitioner with bonafide intention and under the misconception of facts, he married the victim thinking that she might have attained the age of majority. However, the petitioner learnt that she is the minor only when the victim had been to the hospital for medical check up. Considering innocence of the petitioner, he may be enlarged on bail by imposing suitable conditions.
6. Per contra, learned HCGP vehemently opposed the bail petition and submits that even though the victim turned hostile, the fact remains that she became pregnant and now she might have given birth to a child. As per the averments of the records, now the victim is aged about 20 years, however, at the time of marriage, she was minor and the alleged marriage took place contrary to the provisions of Child Marriage Restraint Act. Therefore, the petitioner is not entitled for bail.
7. After having heard the learned counsel appearing for the respective parties and also perused the averments of the complaint, it appears that marriage has been solemnized between the petitioner and the victim. However, after the -5- NC: 2024:KHC:17521 CRL.P No. 11454 of 2023 submission of the learned counsel for petitioner the said marriage had taken place under the misconception of fact that the victim girl might have completed 18 years. The said contention appears to be true and now in the evidence of P.W.2 who is the victim in this case, she has turned hostile and supported the case of the prosecution, therefore, it is appropriate to grant him bail by imposing suitable conditions..
8. Hence, I proceed to pass the following:
ORDER The petition is allowed.
Petitioner is ordered to be enlarged on bail in Crime No.456/2022 of Bagepalli Police Station, on obtaining the personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court, subject to the following conditions:
a) The petitioner shall not indulge in any similar offences, till disposal of this case.
b) The petitioner shall appear before the Court on all dates of hearing without fail.-6-
NC: 2024:KHC:17521 CRL.P No. 11454 of 2023
c) The petitioner shall not threaten or tamper with the prosecution witnesses.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 122