Karnataka High Court
Raghavendra vs The State Of Karnataka on 9 June, 2021
Author: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2021
BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.954 OF 2021
BETWEEN:
RAGHAVENDRA,
S/O. CHINNASWAMY,
AGED ABOUT 36 YEARS,
R/A NO.5, 3RD CROSS,
MATHRUSHRI LAYOUT,
MUNESHWARA BLOCK,
T. DASARAHALLI,
BANGALORE-560 057.
... PETITIONER
[BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE]
AND:
THE STATE OF KARNATAKA
BY BOMMANAHALLI POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.
... RESPONDENT
[BY SRI. VINAYAKA V.S., HCGP]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.153/2020 OF BOMMANAHALLI P.S., BENGALURU CITY FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 376, 366(A), 468, 471 R/W 34
2
OF IPC AND SECTION 4,5(L), 6 OF POCSO ACT AND SECTION 9, 10 OF
CHILD MARRIAGE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCE, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. by
petitioner/accused No.1 praying to enlarge him on bail in connection
with a case registered in Crime No.153/2020 of Bommanahalli
Police Station, Bengaluru. Charge sheet is filed against accused
Nos.1 to 9 for offences punishable under Sections 376, 366(A), 468,
471 read with Section IPC, Sections 4, 5(l) and 6 of POCSO Act,
2012 and Sections 9 and 10 of Child Marriage Act.
2. Heard the learned counsel for petitioner and learned
HCGP for respondent-State.
3. It is the case of prosecution that the petitioner/
accused No.1 forcibly married CW1 - a minor girl on 24.10.2019 at
Balamuri Ganesha Temple, changing her date of birth from
16.06.2004 to 16.06.2001 in her Aadhar card and committed
aggravated penetrative sexual assault on her. Thereafter left CW1
in the house of CW4 and went away. It is alleged that accused
Nos.2 to 9 in spite of having knowledge that CW1 was a minor,
abetted Accused No.1 to marry CW1 and thereby all the accused
committed the aforesaid offence.
4. According to the prosecution, the petitioner married
CW1 on 24.10.2019 at Balamuri Ganesha temple. The prosecution
has alleged that CW1 was a minor at the time of her marriage. The
prosecution has collected the school records including the transfer
certificate to show that the date of birth of the victim girl is
16.06.2004. The contention of the learned counsel for the petitioner
is that it is the victim - CW1 and accused No.2 who deceived the
petitioner stating that the victim is a major and that her date of
birth is 16.06.2001. He therefore contends that the petitioner has
not fabricated or forged the date of birth of CW1 in the copy of the
Adhar card as alleged by the prosecution. He submits that even
otherwise the documents now relied upon by the prosecution are
not sufficient to show that the victim was a minor at the time of
incident and that has to be established by the prosecution. He
submits that the petitioner has filed a petition before the family
court, thereafter, as an afterthought, a false case has been
registered against him. He submits that the petitioner is in judicial
custody since 17.11.2020 and he is ready and willing to abide by
any conditions imposed by this court. Hence, seeks to allow the
petition.
5. The learned HCGP has vehemently opposed grant of bail
to the petitioner contending that all the accused have colluded
together and this petitioner has married a minor girl by fabricating
her date of birth. Thereafter, committed penetrative sexual assault
on her. He submits that in the event of release of the petitioner, he
may threaten the victim and other prosecution witnesses and
hamper the case of prosecution. He submits that the statement of
victim under Section 164 of Cr.P.C. is yet to be recorded.
6. Perusal of the material on record reveal that the
petitioner - accused No.1 married the victim at Balamuri Ganesha
temple on 24.10.2019. The petitioner's counsel has seriously
disputed that he fabricated the date of birth of the victim. On the
other hand, he has contended that it is the victim and A2 who have
deceived the petitioner by stating that the date of birth of the victim
is 16.06.2001 by correcting her date of birth in the Adhar card. He
has produced the copy of the petition filed before the Family Court,
Bangalore in MC No.1706/2020. In the said petition, the petitioner
has sought dissolution of marriage held on 24.10.2019 and to pass
a judgment of nullity of marriage. CW2-victim is the respondent in
the said case. The said petition was filed on 06.06.2020. The
present case has been registered against the petitioner on
26.08.2020, obviously after filing of the said petition by the
petitioner before the Family Court. The prosecution has to establish
its case against the petitioner after a full fledged trial. Now the
investigation is completed and charge sheet has been filed. The
petitioner is not required for further investigation. He is in judicial
custody since 17.11.2020. It is submitted that accused Nos.2 to 9
have been enlarged on bail. In the facts and circumstances, without
expressing any view on the merits of the case, I deem it
appropriate to admit the petitioner to bail. Hence, the following:
ORDER
The criminal petition is allowed. The petitioner - Accused No.1
shall be enlarged on bail in Crime No.153/2020 of Bommanahalli
Police Station, Bengaluru, pending in Spl.C.C. No.977/2020 on the
file of LIV Additional City Civil and Sessions Judge, Bengaluru,
sitting at Child Friendly Court, Bangalore Urban District, subject to
following conditions :
(i) Petitioner shall execute a personal bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) with two sureties
for like sum to the satisfaction of the jurisdictional
court.
(ii) Petitioner shall furnish proof of his residential address
and shall inform the court if there is any change in the
address.
(iii) Petitioner shall not tamper with the prosecution
witnesses / evidence either directly or indirectly.
(iv) Petitioner shall not put any threat or inducement to the
victim in any manner.
(v) Petitioner shall appear before the Trial Court on all
dates of hearing and shall cooperate for early disposal
of the case.
Sd/-
JUDGE
snc
