Karnataka High Court
Mallappa S/O. Kalakappa Meti vs The State Of Karnataka on 7 August, 2023
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NC: 2023:KHC-D:8410
CRL.P NO. 101283 of 2023
C/W CRL.P No. 101288 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101283 OF 2023
C/W
CRIMINAL PETITION NO. 101288 OF 2023
IN CRIMINAL PETITION NO. 101283/2023:
BETWEEN:
1. MALLAPPA S/O. KALAKAPPA METI,
AGE: 48 YEARS, OCC: COOLIE,
2. SHARANAVVA @SHARANAMMA
W/O. MALLAPPA METI,
AGE: 42 YEARS, OCC: HOUSEHOLD,
R/O: JIGERI, TALUKA: GAJENDRAGAD,
DISTRICT: GADAG.
...PETITIONERS
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)
CHANDRASHEKAR
LAXMAN
KATTIMANI AND:
1. THE STATE OF KARNATAKA,
Digitally signed by
CHANDRASHEKAR REPRESENTED BY
LAXMAN KATTIMANI
STATE PUBLIC PROSECUTOR,
Date: 2023.08.09
10:54:13 -0700 HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH GAJENDRAGAD POLICE STATION,
DISTRICT: GADAG -580011.
2. CHANDRAVATHI M. W/O. LATE KRISHNA,
AGE: 58 YEARS, OCC: TEACHER,
R/O: JILLA PANCHAYAT
HIGHER PRIMARY SCHOOL,
PANJI MOGARU,
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NC: 2023:KHC-D:8410
CRL.P NO. 101283 of 2023
C/W CRL.P No. 101288 of 2023
MANGALORE- 575001.
...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1;
NOTICE TO R2 IS SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONERS/ACCUSED NO. 2 AND 3 (IN THE EVENT OF THEIR
ARREST) IN GAJENDRAGAD POLICE STATION IN CRIME NO.
47/2023 FOR THE OFFENCE P/U/SEC. 376 OF IPC AND
SECTION 5L AND 6 OF PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012 AND SECTION 9, 10, 11 OF THE
CHILD MARRIAGE RESTRAINT ACT.
IN CRIMINAL PETITION NO. 101288/2023:
BETWEEN:
1. BASAPPA S/O. HANAMAPPA KADAD,
AGE: 52 YEARS, OCC: COOLIE,
2. MALLAVVA @MALLAMMA W/O. BASAPPA KADAD,
AGE: 52 YEARS, OCC: HOUSEHOLD,
R/O: VADEGOL,
TALUKA: GAJENDRAGAD,
DIST: GADAG.
...PETITIONERS
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH GAJENDRAGAD POLICE STATION,
DISTRICT: GADAG -580011.
2. CHANDRAVATHI M. W/O. LATE KRISHNA,
AGE: 58 YEARS, OCC: TEACHER,
R/O: JILLA PANCHAYAT,
HIGHER PRIMARY SCHOOL,
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NC: 2023:KHC-D:8410
CRL.P NO. 101283 of 2023
C/W CRL.P No. 101288 of 2023
PANJI MOGARU,
MANGALORE -575001.
...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1;
NOTICE TO R2 IS SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONERS/ACCUSED NO. 4 AND 5 (IN THE EVENT OF THEIR
ARREST) IN GAJENDRAGAD POLICE STATION IN CRIME NO.
47/2023 FOR THE OFFENCE P/U/SEC. 376 OF IPC AND
SECTION 5L AND 6 OF PROTECTION OF CHILDREN FROM
SEXUAL OFFENCES ACT, 2012 AND SECTION 9, 10, 11 OF THE
CHILD MARRIAGE RESTRAINT ACT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. These two separate petitions are filed under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.47/2023 of Gajendragad Police Station for the offences punishable under Section 376(2)(n) of IPC, Sections 5 and 6 of the Protection of Children From Sexual Offences Act and Sections 9, 10 and 11 of Child Marriage Restraint Act.
2. While Criminal Petition No.101283/2023 is filed by accused Nos.2 and 3, who are the parents of victim, Criminal Petition No.101288/2023 is filed by accused Nos.4 and 5, who are the parents of accused No.1. It is a -4- NC: 2023:KHC-D:8410 CRL.P NO. 101283 of 2023 C/W CRL.P No. 101288 of 2023 case of child marriage of prosecutrix performed by accused Nos.2 to 5 with accused No.1 and forcing her to lead marital life with him, resulting in her pregnancy and abortion.
3. The petitioners are seeking anticipatory bail contending that they are in no way concerned with the alleged offences. They have been falsely implicated based on the allegations made by the school teacher of the prosecutrix. At no point of time, the marriage of prosecutrix and accused No.1 was performed by the petitioners. There are no material to connect them with the allegations made in the complaint. The petitioners are ready and willing to abide by any conditions that may be imposed and prays to allow the petitions.
4. In support his arguments, learned counsel for the petitioners have relied upon the judgment of the Hon'ble Supreme Court in Satender Kumar Antil Vs. -5- NC: 2023:KHC-D:8410 CRL.P NO. 101283 of 2023 C/W CRL.P No. 101288 of 2023 Central Bureau of Investigation and Another (Satender Kumar)1.
5. Learned HCGP filed common objections stating that the offences alleged are punishable under Section 376(2)(n) of IPC, Sections 5 and 6 of the Protection of Children From Sexual Offences Act and Sections 9, 10 and 11 of Child Marriage Restraint Act. It is the specific case of the prosecution that the prosecutrix, who is aged 14 years is studying in 7th standard in Dakshin Kannada Zilla Panchayat Higher Primary School, Panjinmogere, Kavur, Mangaluru. On 18.12.2022, the petitioners have performed her marriage with accused No.1 and compelled her to live with accused No.1 in the matrimonial home. During this period, accused No.1 had forcible sexual intercourse with her. After the prosecutrix returned to the school and suffered morning sickness and on enquiry by the Head Mistress of the said school Smt.Chandravati, prosecutrix revealed the fact of accused Nos.2 to 5 having 1 (2022) 10 SCC 51 -6- NC: 2023:KHC-D:8410 CRL.P NO. 101283 of 2023 C/W CRL.P No. 101288 of 2023 performed her marriage with accused No.1 and forced her to lead marital life with accused No.1.
4.1. On the basis of said information, the Head Mistress filed the complaint. Respondent police have registered the case and taken up investigation. During her medical examination, the prosecutrix has revealed that she came back to her parents house to attend the examinations and on 25.03.2023, after observing that the prosecutrix is suffering from morning sickness, accused No.2 gave her tablets i.e., 1 big and 4 small tablets (which are suspected to be MTP pills). The medical examination of the prosecutrix reveal that she was carrying pregnancy of 6 weeks 4 days (1 1/2 months) pregnant with inevitable abortion.
4.2. The charge sheet reveal the direct involvement of petitioners in the commission of offences alleged, which are very grave in nature. Since from the date of offence, petitioners are absconding. There are no extra-ordinate -7- NC: 2023:KHC-D:8410 CRL.P NO. 101283 of 2023 C/W CRL.P No. 101288 of 2023 circumstances to grant bail and prays to reject the petitions.
6. Heard arguments and perused the record.
7. From the material placed on record, it is evident that accused Nos.2 and 3 are the parents of the prosecutrix and accused Nos.4 and 5 are the parents of accused No.1. As on the date of offence, the prosecutrix was aged 14 years and studying in 7th standard. While she had gone to Jijeri of Ron taluk, Gadag district to attend the naming ceremony of her nephew, petitioners performed her marriage with accused No.1, aged 25 years on 18.12.2022. From February 11 of 2023, she was forced to stay with accused No.1 and during this period, he had sexual intercourse with her. When the prosecutrix was attending the school to appear for examinations, on finding that she was suffering from morning sickness, her class teacher Smt.Vani enquired and came to know about her marriage. Immediately she was taken to the hospital, where she revealed that on that day, her father i.e., -8- NC: 2023:KHC-D:8410 CRL.P NO. 101283 of 2023 C/W CRL.P No. 101288 of 2023 accused No.2 administered her 1 big and 4 small tablets (which are suspected to be MTP pills), as a result of which, she suffered with inevitable abortion. In this regard, the head mistress of the school filed complaint.
8. Based on the complaint, respondent police have registered the case, taken up investigation and filed charge sheet. From the material placed on record, it is evident that as against the petitioners, not only the offences punishable under Sections 9 to 11 of the Child Marriage Restraint Act, but also the other offences are attracted. On account of the petitioners forcibly marrying of the prosecutrix who was just aged 14 years, she became pregnant and suffered inevitable abortion. There is prima facie material to proceed against the petitioners. In the facts and circumstances of the case, this Court is of the considered opinion that petitioners are not entitled for anticipatory bail. In satendra kumar, the Hon'ble Supreme Court has issued guidelines to the investigating agency and also to the Courts while considering bail petitions filed -9- NC: 2023:KHC-D:8410 CRL.P NO. 101283 of 2023 C/W CRL.P No. 101288 of 2023 under sections 437, 438, 439 and 436A Cr.P.C. However, having regard to the facts and circumstances of the present case, this decision is not applicable to the case on hand for the petitioners seeking anticipatory bail and accordingly, the following:
ORDER Criminal Petition No.101283/2023 and Criminal Petition No.101288/2023 are rejected.
Sd/-
JUDGE KGK List No.: 1 Sl No.: 16