Criminal Petition No. 308 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 308 OF 2025 BETWEEN: SRIKANTHA, S/O THIMMAPPAIAH, AGED ABOUT 27 YEARS, RESIDING AT KADANKANAHALLI VILLAGE, ELETHOTADAHALLI POST, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160. (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: …PETITIONER Digitally signed by CHAITHRA P Location: High Court of Karnataka 1. THE STATE OF KARNATAKA
Legal Reasoning
BY CHANNAPATNA TOWN POLICE, CHANNAPATNA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. XXXX
Legal Reasoning
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. VINOD, ADVOCATE FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025 THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.32/2024 OF CHANNAPATNA TOWN POLICE, PENDING ON THE FILE OF THE LEARNED 1st ADDITIONAL DISTRICT AND SESSIONS JUDGE IN SPL.C.NO.131/2024, FOR OFFENCES P/U/S 376(2)(n) R/W 34 OF IPC, U/S 6 AND 16 OF POCSO ACT, U/S 9,10 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, U/S 3(2)(v) OF SC/ST (POA) ACT, 2015. 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 in Spl.Case No.131/2024 pending before the Court of I Additional District and Sessions Judge and FTSC, Ramanagara arising out of Crime No.32/2024 registered by Channapatna Police Station for offences punishable under Sections 376(2)(n) r/w 34 of IPC, Sections 6 and 16 of the POCSO Act, 2012, Sections 6 and 16 of Prohibition of Child Marriage Act, 2006, and Section 3(2)(va) of the SC/ST (PA) Amendment Act 2015 is before this Court under Section 483 of BNSS 2023 seeking regular bail. - 3 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025 2. Heard the learned counsel for the parties. 3. FIR in Crime No.32/2024 was registered by Channapatna, Police Station, Ramanagara, initially offences punishable under Sections 376(2)(n) r/w 149 of IPC, Section 6 of the POCSO Act, Section 9 of Prohibition of Child Marriage Act, 2006 against the petitioner herein and others based on the first information dated 21.05.2024 received from victim girl aged about 17 years. 4. During the course of investigation of the case, petitioner herein was arrested on 25.05.2024 and subsequently produced before the jurisdiction Court and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against four persons and the petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.831/2024 was rejected on 28th October, 2024. Therefore, the petitioner is before this Court. - 4 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025 5. Learned Counsel for the petitioner submits that the petitioner's marriage with the victim girl was an arranged marriage. At the time of marriage, it was represented to the family of the petitioner that she was a major. Victim girl was in love with another boy and parents of the victim girl had suppressed the same and the victim girl was married to the petitioner. Marriage was attended by the family members and relatives of both the parties. Subsequently, the victim has now filed a false criminal case against the petitioner and also against her parents making false allegations. The petitioner is in custody from 25.05.2024. Trial in the case is yet to commence and accordingly prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition and submits that the victim girl has made allegations against the petitioner and she was a minor as on the date of marriage. Accordingly, prays to dismiss the petition. - 5 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025 7. Learned counsel appearing for respondent No.2 submits that it is only after difference of opinion arose between the husband and wife, the victim has approached the Police. He submits that he has no objection to allow the petition. 8. Perusal of the material on record would go to show that marriage of the petitioner with the victim girl was solemnized on 01.12.2023. Learned counsel for the petitioner has produced material before this Court to show that the said marriage was an arranged marriage and parents and relatives of the petitioner as well as of the victim girl had participated in the said marriage. It appears that after marriage, the victim girl was living in her matrimonial house and only after difference of opinion arose with her husband, she had approached the Police on 21.05.2024 alleging that her marriage with the petitioner was performed when she was a minor by her parents and relatives, which was against her wishes. She has alleged that the petitioner had sexual intercourse with her after - 6 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025 marriage even though she had brought to his notice that she was still a minor. Investigation in the case is completed and charge sheet has been filed. 9. In the statement of the victim girl that was recorded on 21.04.2024 she has stated that her younger brother is studying in II year P.U.C. According to the learned counsel for the petitioner, the victim was a major as on the date of her marriage and her parents had represented to the petitioner and his family members that she was a major. The petitioner has no other criminal antecedents and is in custody from 25.05.2024. Prosecution has cited 32 charge sheet witnesses in the present case and trial in the case is yet to commence. The allegations made against the petitioner and age of the victim is required to be proved in a full fledged trial, considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following: - 7 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025
Decision
ORDER i. The petition is allowed. ii. The petitioner is directed to be enlarged on bail in Crime No.32/2024 of Channapatna town Police Station registered for the offences punishable under Sections 376(2)(n) r/w 34 of IPC, 6 and 16 of the POCSO Act, 2012, 6 and 16 of Prohibition of Child Marriage Act, 2006, and 3(2)(va) of the SC/ST (PA) Amendment Act 2015, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - NC: 2025:KHC:10489 CRL.P No. 308 of 2025 d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE AT List No.: 1 Sl No.: 37 CT: BHK