Criminal Petition No. 539 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9561 CRL.P No. 539 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 539 OF 2025 BETWEEN: ANIL KUMAR G., S/O GANGADHARAPPA, AGED ABOUT 26 YEARS, R/AT UPPARA COLONY, TOWN OF GAURIBIDANURU, CHIKKABALLAPURA DISTRICT - 561 208. …PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka (BY SRI. MANJU BYRAL R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA
Legal Reasoning
BY GOURIBIDANURU TOWN P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.
Legal Reasoning
2. SMT. SUNITHA GU BOYAR, AGED ABOUT 43 YEARS CHILD WELFARE OFFICER, GOWRIBIDANUR R/AT GOWRIBIDANUR TOWN, CHIKKABALLAPURA - 561 208. - 2 - NC: 2025:KHC:9561 CRL.P No. 539 of 2025 3. XXX XXX, …RESPONDENTS (BY SMT. N. ANITHA GIRISH, HCGP FOR R1 AND R2; SRI. PRASIDDARAJ, ADVOCATE FOR R3) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS BAIL PETITION AND ENLARGE THE PETITIONER / ACCUSED ON BAIL IN CONNECTION WITH SPL.S.C.(POCSO) NO.155/2024 (CRIME NO.0131/2024) ON THE FILE OF THE FAST TRACK SPECIAL COURT-1 (POCSOA) COURT OF THE HONBLE ADDITIONAL SESSIONS JUDGE AT CHIKKABALLAPURA, REGISTERED BY THE GAWRIBIDANURU TOWN POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 376(2)(n) OF IPC, 5(n), 5(j)(ii), 6 OF POCSO ACT, U/S 9 OF THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT, 2016. 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.S.C.(POCSO)No.155/2024, pending before the court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.131/2024 registered by Gowribidanur Town Police Station, - 3 - NC: 2025:KHC:9561 CRL.P No. 539 of 2025 Chickballapura, for the offence punishable under Section 376(2)(n) of IPC and Sections 5(n), 5(j)(ii) and 6 of the Protection of Children from Sexual Offenses Act, 2012 (for short 'POCSO Act'), 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is before this Court under Section 439 of Cr.P.C seeking regular bail. 2. Heard the learned for the parties. 3. FIR in Crime No.131/2024 was registered by Gowribidanur Town Police Station, Chickballapura against the petitioner herein for the aforesaid offences, on the basis of the first information dated 29.07.2024 received from Smt.Sunitha Gu Boyar, Senior Superintendent, Office of Child Development Officer, Gowribidanur Town. In the said first information, it is averred that the first informant came to know that petitioner had married the victim girl who was a minor and the victim was pregnant. Therefore, the first informant after holding an enquiry had approached the police and submitted her report, based on - 4 - NC: 2025:KHC:9561 CRL.P No. 539 of 2025 which FIR in Crime No.131/2024 was registered against the petitioner. 4. During the course of investigation of the case, petitioner herein was arrested on 29.07.2024 and subsequently, remanded to judicial custody. Investigation in the case was completed and charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the Trial Court in Spl.S.C(POCSO)No.155/2024 was rejected on 29th November, 2024. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner having reiterated the ground urged in this petition as prayed to allow this petition. 6. Per contra, learned HCGP has opposed the petition and learned counsel appearing for respondent No.2 submits that the petitioner is the younger brother of the Victim's Mother. Petitioner and the victim are in love. He submits that he has no objections to allow this petition. - 5 - NC: 2025:KHC:9561 CRL.P No. 539 of 2025 7. Material on record would go to show that the victim girl was in love with the petitioner who is her mother's younger brother. Since her parents were not willing to perform her marriage with the petitioner, she had left her parents house on 03.03.2024 and had gone along with petitioner and got married in a temple at Chikkakurugodu village and thereafter, they started living as husband and wife. After coming to know about the said fact, it appears that the first informant had approached the police and submitted the first information based on which FIR was registered against the petitioner. The parents of the victim girl or the victim girl have not made any serious allegations against the petitioner. Statement of the victim girl was recorded under Section 183 of BNSS, 2023 before the Jurisdictional Magistrate on 07.10.2024, and she has not made any serious allegations as against the petitioner and on the other hand she has stated that she is in love with him and she has married him. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the - 6 - NC: 2025:KHC:9561 CRL.P No. 539 of 2025 case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.S.C.(POCSO)No.155/2024, pending before the court of Additional District and Sessions Judge, FTSC-I, Chikkaballapura, arising out of Crime No.131/2024 registered by Gowribidanur Town Police Station, Chickballapura, for the offence punishable under Section 376(2)(n) of IPC and Sections 5(n), 5(j)(ii) and 6 of POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:9561 CRL.P No. 539 of 2025 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; 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 KVR List No.: 1 Sl No.: 48 CT: BHK