Karnataka High Court
Mallappa S/O. Kalakappa Meti vs The State Of Karnataka on 7 August, 2023
Bench: J.M.Khazipresided Byjmkj
-1-
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,
-2-
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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,
-3-
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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
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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.
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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
(2022) 10 SCC 51
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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
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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.,
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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
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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
