Karnataka High Court
Manjunath. N. P vs State Of Karnataka By on 12 October, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:37283
CRL.A No. 1569 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1569 OF 2023
BETWEEN:
MANJUNATH. N. P.,
S/O PUTTASWAMY,
AGED ABOUT 31 YEARS,
OCC. AUTO-DRIVER,
R/AT UYYALAPPANAHALLI VILLAGE,
MARALAWADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA-562 159.
...APPELLANT
(BY SRI ANSHUMAN A, ADOVATE FOR
SRI MANJUNATHA G.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
P.S.I. RAMANAGARA WOMEN
POLICE STATION,
RAMANAGARA,
Digitally signed by REP BY ITS STATE PUBLIC PROSECUTOR,
LAKSHMINARAYANA
MURTHY RAJASHRI HIGH COURT BUILDING,
Location: HIGH
COURT OF
BANGALORE- 01.
KARNATAKA
2. CHIKKAMADDURAIAH,
S/O MADDURAIAH,
AGED ABOUT 58 YEARS,
JAYAKUMAR ESTATE,
PERMANENT R/AT SIDDESWARA COLONY,
AJJANAHALLI, MADBAL HOBLI,
MAGADI TALUK,
RAMANAGARA-562 159.
...RESPONDENTS
(BY SRI. M. DIVAKAR MADDUR , HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
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NC: 2023:KHC:37283
CRL.A No. 1569 of 2023
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
06.05.2023 PASSED IN CRL.MISC.NO.237/2023 BY THE
LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
RAMANAGARA AND RELEASE THE APPELLANT ON BAIL FOR THE
OFFENCE P/U/S.363,376(2)(n) OF IPC AND SEC.4,5(L),6 OF
POCSO ACT AND SEC.9,11 OF CHILD MARRIAGE ACT AND
SEC.3(1)(w)(1),2(5) OF SC/ST (POA) IN THEIR CR.NO.11/2023
IN SPL.S.C.NO.48/2023 PENDING ON THE FILE OF THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
RAMANAGARA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal filed by the appellant/accused No.1
praying to set aside the order dated 06.05.2023 passed in
Crl.Mis.No.237/2023 by the I Additional District and
Sessions Jude, Ramanagara, whereunder the bail
application of appellant/accused No.1 sought in respect of
Crime No.11/2023 of Ramanagara Women Police Station
registered for the offences punishable under Sections 363
and 376(2)(n) of IPC, Sections 4, 5(L) and 6 of the
Protection of Children from Sexual Offences Act, Under
Sections 9 and 11 of the Prohibition of Child Marriage Act,
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CRL.A No. 1569 of 2023
2006 and Under Sections 3(1)(w)(i) and 3(2)(v) of SC/ST
(POA) Act, 1989 came to be rejected.
2. Heard the arguments of learned counsel for
appellant/accused No.1 and learned High Court
Government Pleader for respondent No.1-State. Inspite of
service of notice respondent No.2 remained absent and
unrepresented.
3. The case of the prosecution is that the father of
the victim girl has filed a complaint stating that his
daughter victim girl is aged about 16 years was studying
in Kootagal College. On 23.01.2023 the victim girl did not
return from the college and he searched for her and did
not trace-out her. He called to the Principal of the College
on phone and came to know that she attended the college
in the morning and remained absent in the afternoon. He
came to know that the victim girl was talking with one Sri
Manju resident of Uyyappanahalli village and therefore, he
filed a missing complaint. Which came to be registered in
Ramanagara women Police Station in Crime No.11/2023
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CRL.A No. 1569 of 2023
for the offence punishable under Section 363 of Indian
Penal Code against this appellant/accused No.1. On
26.01.2023 at about 5.30P.M. the appellant/accused No.1
and the victim girl together came to the Police Station and
the Investigation Officer has recorded the victim girl
statement wherein she stated that she and
appellant/accused No.1 were loving each other and it was
known to her sister and husband of her sister who
performed her marriage with the appellant/accused No.1
on 14.11.2022 at Kallahalli Lakshmi Temple. Thereafter,
for about one month she stayed in the house of the
appellant/accused No.1 during that time appellant/accused
No.1 had sexual intercourse with her number of times and
thereafter her father and mother brought her back to their
house and on 23.01.2023 she had secured the
appellant/accused No.1 to the college and went to his
house with him. After completing investigation charge
sheet came to be filed against this appellant/accused No.1
for the aforesaid offences. The appellant/accused No.1
came to be arrested on 27.01.2023 and he is in judicial
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CRL.A No. 1569 of 2023
custody. He filed bail application in Crl.Misc.No.237/2023
and same came to be rejected by the impugned order,
which is challenged in this appeal.
4. Learned counsel for the appellant/accused No.1
would contend that there is love affair between the
appellant/accused No.1 and the victim girl. The sister of
the victim girl and sister's husband who came to know the
said love affair and performed the marriage of the victim
girl with the appellant/accused No.1. Thereafter the victim
girl stayed in the house of the appellant/accused No.1 and
they had consensual sexual intercourse. The victim girl is
of the age of understating the consequences of her acts
and she was studying in 1st PUC. As the charge sheet is
filed the appellant/accused No.1 is not requirement for
custodial interrogation. With this he prayed to allow the
appeal and grant bail to the appellant/accused No.1.
5. Per contra, learned High Court Government Pleader
would contend that the victim girl is aged about 16 years 9
months. Accused Nos.2 and 3 were sister and sister's
husband of the victim girl performed the marriage of the
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CRL.A No. 1569 of 2023
victim girl with the appellant/accused No.1. Thereafter,
appellant/accused No.1 had sexual intercourse with the
victim girl multiple times in his house. The said aspect
clearly attracts the offences alleged against the
appellant/accused No.1. Considering the same learned
Sessions Judge has rightly rejected the bail petition of this
appellant/accused No.1. With this, he prays for dismissal
of the appeal.
6. Having heard learned counsel for the
appellant/accused No.1 and learned High Court
Government Pleader, this Court has gone through the
impugned order and charge sheet materials.
7. The victim girl is aged about 16 years 9 months
and she was studying in 1st PUC on the date of alleged
incident. The statement of victim girl will reveal that she
had love affair with this appellant/accused No.1 and her
sister and sister's husband performed her marriage with
the appellant/accused No.1. Thereafter they stayed in the
house of the appellant/accused No.1. The victim girl is of
the age of understating the consequences of her acts. As
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CRL.A No. 1569 of 2023
the charge sheet is filed and this appellant/accused No.1 is
not required for custodial interrogation. Without
considering all these aspects learned Sessions Judge had
passed impugned order which requires interference by this
Court.
8. The appellant/accused No.1 has made out grounds
for setting aside the impugned order and grant of bail. In
the result, following
ORDER
i) Appeal is allowed.
ii) The impugned order dated 06.05.2023 passed
in Crl.Mis.No.237/2023 by the I Additional
District and Sessions Jude, Ramanagara is set
aside. The bail petition is allowed. The
appellant/accused No.1 is ordered to be
released on bail in Crime No.11/2023 of
Ramanagara women Police Station, subject to
following conditions:
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CRL.A No. 1569 of 2023
a. The appellant-accused No.1 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 the
jurisdictional Court.
b. The appellant-accused No.1 shall not
threaten the complainant or tamper the
prosecution witnesses.
c. The appellant-accused No.1 shall appear
before the trial court on all the dates of
hearing unless exempted and co-operate for
speedy disposal of the case.
Sd/-
JUDGE
DSP
