Karnataka High Court
Irappa Alias Iranna Kundaragi S/O ... vs State Of Karnataka on 8 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102311 OF 2022
BETWEEN:
IRAPPA @ IRANNA KUNDARAGI,
S/O SIDDAPPA KUNDARAGI,
AGE: 30 YEARS, OCC: COOLIE,
R/O. KALLE VILLAGE, KABBENUR,
DIST : DHARWAD-581201.
...PETITIONER
(BY SRI. R. M. JAVED, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH GARAG P.S
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD,
DHARWAD-581105.
2. SMT. NETRAVATI H.S.
AGE: 42 YEARS, OCC:HEALTH SUPERVISOR,
CHILD DEVELOPMENT PROGRAMME,
DEPT OF DHARWAD RURAL WOMEN
AND CHILD DEVELOPMENT,
DHARWAD- 580007.
...RESPONDENTS
(BY SRI. PRASHANTH V.MOGALI , ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC.438 OF CR.P.C,
SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL
IN THE EVENT OF HIS ARREST IN CRIME NO.86/2021 OF GARAG
POLICE STATION REGISTERED FOR THE OFFENCES U/SEC.9 AND
11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006 AND SECTION
6 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
ACT, 2012 AND UNDER SECTION 376 OF IPC, IN THE INTEREST OF
JUSTICE AND EQUITY.
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CRL.P No. 102311 of 2022
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.1 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.86/2022 of Garag Police Station registered for the offence punishable under Sections 9 and 11 of Prohibition of Child Marriage Act, 2006 and Section 6 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act', for brevity) and Section 376 of Indian Penal Code, 1860, (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, one Smt. Nethravati H.S (respondent No.2) staff of CDPO office, Rural, Dharwad has filed complaint stating that the victim girl aged 17 years was married to petitioner-accused No.1 on 26.04.2022 -3- CRL.P No. 102311 of 2022 and she had conceived and delivered a female baby at KIMS, hospital Hubballi on 05.06.2022. Since the victim girl upon inquiry informed her age to be 17 years, the staff of KIMS hospital, Hubballi informed the said matter to SAKHI-One stop Center, a women help line portal initiated by Ministry of Women and Child Development, situated within KIMS, hospital Hubballi campus who therein informed the Garag police station. Then police visited the hospital. The victim girl and her family members have not given any statement or complaint. Thereafter, the Child Development Officer was called in for counseling therein the complainant gathered information and since the victim was minor, as per Section 19 of POCSO Act, the Child Welfare Officer to report the offence to the concerned jurisdictional police station and she had filed the complaint. The said complaint came to be registered in Crime No.86/2022 of Garag -4- CRL.P No. 102311 of 2022 Police Station for the aforesaid offences. The petitioner-accused No.1 along with accused Nos.2 to 4 apprehending their arrest have filed Criminal Miscellaneous No.452/2022 seeking anticipatory bail and the same came to be rejected so far as petitioner-accused No.1 is concerned and allowed so far as accused Nos.2 to 4 are concerned by learned II Addl District and Sessions and Special Judge, Dharwad vide order dated 03.08.2022. Therefore, the petitioners-accused No.1 is before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent No.1-State. Learned High Court Government Pleader submitted that notice issued to respondent No.2 has been served through jurisdictional police. Respondent No.2 remained absent and unrepresented.
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4. It would be the contention of learned counsel for the petitioner that, he married to the victim girl and thereafter, she became pregnant and gave birth to a female child. The victim girl and the petitioner are leading happy marital life. None of the family members either of the victim girl or her husband have not filed complaint to any authority. It is his further submission that the petitioner is the only earning member in the family and he has to look after the victim girl, who is his wife and female child born to the victim girl, which is three months old. It is his further submission that petitioner is ready to cooperate with the police in the investigation. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that, the date of birth of the victim girl is 20.05.2005 and her marriage has been performed when she was aged -6- CRL.P No. 102311 of 2022 15 years 11 months i.e, on 26.04.2021. The victim girl gave birth to a female child on 05.06.2022 when she was 17 years old. It is his further submission that the investigation is still in progress and if the petitioner-accused No.1 is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the F.I.R, complaint, order passed by Sessions Court and investigation papers furnished by the learned High Court Government Pleader, which contains statement of the victim girl recorded under Section 164 of Cr.P.C. -7- CRL.P No. 102311 of 2022
7. The accusation leveled against the petitioner-accused No.1 is that his marriage has been performed with the victim girl when she was a minor. Thereafter, he had sexual intercourse with her and she became pregnant and gave birth to a female child. The statement of the victim girl has been recorded wherein, she has stated that nobody has troubled her and her mother is no more and the petitioner-accused No.1 is her maternal uncle. Her mother-in-law is not well and she voluntarily married the petitioner-accused No.1 and gave birth to a female child and there is no force on her by anybody and her husband's family members looking after her properly and she is not having any complaint against the family member of her husband and she prayed to close the matter.
8. The petitioner-accused No.1 is the husband of victim girl, who is having a female -8- CRL.P No. 102311 of 2022 child of three months. The petitioner-accused No.1 has to look after his wife-victim girl and new born baby aged three months. The petitioner-accused No.1 has undertaken to cooperate with the police in the investigation. The main objection of the prosecution is that, if the petitioner is granted anticipatory bail, he will threaten the complainant and other prosecution witnesses can be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 438 of Cr.P.C.
is allowed. Consequently, the petitioner-accused -9- CRL.P No. 102311 of 2022 No.1 is ordered to be released on bail in the event of his arrest in Crime No.86/2022 of Garag Police Station, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of investigating officer.
ii. The petitioner shall voluntarily appear before the investigating officer within fifteen days from today and execute personal bond and furnish surety.
iii. The petitioner shall co-operate in the investigation and make himself available for interrogation whenever required.
iv. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
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v. The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE AM List No.: 1 Sl No.: 36