Karnataka High Court
Smt Sunitha @ Nilamma vs State By Sho By Bagalagunte Police ... on 6 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:31144
CRL.P No. 4360 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4360 OF 2024
BETWEEN:
1. SMT. SUNITHA @ NILAMMA
W/O. KALLAPPA
AGED ABOUT 31 YEARS
R/AT REDDY BUILDING
NEAR CAMBRIDGE SCHOOL
4TH CROSS, MALLASANDRA
T. DASARAHALLI, BENGALURU
KARNATAKA - 560 057.
2. SAYABANNA BHAJANTRI
S/O BASAPPA BHAJANTRI
AGED ABOUT 21 YEARS
R/AT KAKKALAMELI VILLAGE
SINDAGI TALUK, VIJAYAPURA
DISTRICT, KARNATAKA - 586 123.
3. SMT. LAXMI TUPPAD
Digitally C/O. SURESH TUPPAD
signed by
NANDINI MS AGED ABOUT 21 YEARS
Location: High R/AT ASHRAM RAOD
Court of
Karnataka GACHINKATTI COLONY
VIJAYAPURA, VIJAYAPURA
DISTRICT, KARNATAKA - 586 103.
...PETITIONERS
(BY SRI VENKATESH C.R, ADV.)
AND:
1. STATE BY SHO BY BAGALAGUNTE
POLICE STATION, REPRESENTED BY
PUBLIC PROSECUTOR
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
-2-
NC: 2024:KHC:31144
CRL.P No. 4360 of 2024
AT BENGALURU - 560 001.
2. VICTIM
REP BY HER FATHER KALLAPPA
S/O LATE MAHANTAPPA
AGED ABOUT 35 YEARS
R/AT REDDY BUILDING
NEAR CAMBRIDGE SCHOOL
4TH CROSS, MALLASANDRA
T. DASARAHALLI - 560 057
BENGALURU.
...RESPONDENTS
(BY SRI CHANNAPPA EERAPPA, HCGP FOR R-1;
V/O DTD: 01.08.2024 NOTICE TO R-2 H/S)
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ENLARGE
THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN THE
CR.NO.446/2023 REGISTERED BAGALAGUNTE POLICE STATION,
BENGALURU CITY DISTRICT FOR THE OFFENCE P/U/S 376, 366, 363,
34 OF IPC AND 6, 8 AND 12 OF POSCO ACT AND SEC. 9 AND 11 OF
THE CHILD MARRIAGE RESTRAINT ACT, PENDING ON THE FILE OF
ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-II, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.3 to 5 in Spl.C.C.No.1365/2024 pending
before the Court of Addl. City Civil & Sessions Judge,
FTSC-II, Bengaluru arising out of Crime 446/2023
registered by Bagalagunte Police Station, Bengaluru City
for the offences punishable under Sections 363, 366 & 376
R/w 34 of IPC, Sections 6, 8 & 12 of the Protection of
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Children from Sexual Offences Act, 2012 ( for short,
'POCSO Act') and Sections 9 and 11 of the of Child
Marriage Restraint Act, are before this Court seeking
anticipatory bail.
2. Heard the learned counsel for the petitioners
and learned HCGP for respondent No.1. Respondent No.2
who is served in the matter has remained unrepresented
before this Court.
3. FIR in Crime 446/2023 was registered by
Bagalagunte Police Station, Bengaluru City for the
aforesaid offences on the basis of first information dated
21.12.2023 received from the victim girl, who is the
daughter of respondent No.2. The petitioners are arrayed
as accused Nos.3 to 5 in the FIR. Investigation in the case
is complete and charge sheet has been filed for the
aforesaid offences against the accused. In the charge
sheet also the petitioners were arrayed as accused Nos.3
to 5. As against the petitioners, charge sheet has been
filed only for the offences punishable under Sections 9 &
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11 of Prohibition of Child Marriage Act, 2006. The accused
were charged for the alleged offences before the Trial
Court in Spl.C.C.No.196/2024. Since the petitioners had
not appeared before the Trial Court, non-bailable warrant
was issued against them. Therefore, they had filed
Crl.Misc.No.3207/2024 before the Trial Court, which was
dismissed on 18.04.2024. Under these circumstances,
they are before this Court.
4. Learned counsel for the petitioners submits that
accused No.1 who was tried in Spl.C.C.No.96/2024 before
the Trial Court for the charge sheeted offences has been
acquitted by judgment and order dated 07.05.2024. The
victim girl who is the daughter of petitioner No.1 has not
supported the case of the prosecution. As against the
petitioners a split up case has been registered in
Spl.C.C.No.1365/2024 and NBW is issued against the
petitioners even in the Split up case. Accordingly, he prays
to allow the petition.
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5. Per contra, the learned HCGP has opposed the
bail application. He submits that since the petitioners had
not appeared before the Trial Court, a split up case has
been registered against them and NBW was issued.
Therefore, they are not entitled for the relief sought for in
the petition.
6. The material on record would go to show that
the victim girl was in love with accused No.2. Her family
members had opposed her relationship with accused No.2.
Therefore, her marriage was allegedly performed with
accused No.1, who is the younger brother of accused
No.3. Accused Nos.4 and 5 are the neighbourers, who
allegedly had participated in the said marriage. Accused
No.1 has been tried for the charge sheeted offences in
Spl.C.C.No.196/2024 and he has been acquitted in the
said case by judgment and order dated 07.05.2024. A
perusal of the said judgment and order would go to show
that the victim girl has not supported the case of the
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prosecution and she has disputed her marriage with
accused No.1.
7. The allegation against the petitioners is that
they had performed the marriage of the victim girl with
accused No.1 and therefore they have been charge
sheeted for the offences punishable under Section 9 and
11 of the Prohibition of Child Marriage Act, 2006.
Considering the fact that accused No.1 has been already
acquitted in Spl.C.C.No.196/2024 and the allegation
against the petitioners is that they have performed the
marriage of the victim girl with accused No.1, which is now
disputed by the victim girl herself, I am of the opinion that
prayer made by the petitioners in this petition is required
to be answered affirmatively.
8. Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The respondent - Police or any other police in the
State of Karnataka are directed to release the petitioners
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in the event of their arrest in Spl.C.C.No.1365/2024
pending before the Court of Addl. City Civil & Sessions
Judge, FTSC-II, Bengaluru arising out of Crime 446/2023
registered by Bagalagunte Police Station, Bengaluru City
for the offences punishable under Sections 363, 366 & 376
R/w 34 of IPC, Sections 6, 8 & 12 of the Protection of
Children from Sexual Offences Act, 2012 ( for short,
'POCSO Act') and Sections 9 and 11 of the of Child
Marriage Restraint Act, subject to the following conditions:
1. The petitioners shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) each with one surety
for the likesum to the satisfaction of the
investigating officer.
2. The petitioners shall regularly appear
before the Trial Court without fail unless
exempted by the Trial Court for valid reasons.
3. The petitioners shall not tamper with
the prosecution witness and they shall co-
operate with the Police for investigation and
appear before them whenever called upon.
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4. The petitioners shall not involve in
similar offences in future.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NMS
