SRI MOURYA v. STATE OF KARNATAKA

(BY SRI M.S.BADARINARAYANA, ADV.) AND:

STATE OF KARNATAKA BY KOLOR POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001.

XXX (BY SRI K. RAHUL RAI, HCGP FOR R-1; VIDE ORDER DTD: 19.12.2024 R-2 SERVICE HELD SUFFICIENT) Digitally signed by NANDINI MS Location: High Court of Karnataka …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL AND DIRECT HIS RELEASE FROM CUSTODY IN CR.NO.40/2024 OF KOLAR POLICE STATION AND IN SPL.C (POCSO) NO.169/2024 ON THE FILE OF THE LEARNED ADDITIONAL DISTRICT AND SESSIONS AND FTSC COURT JUDGE AT KOLAR AND ALLOW THE PETITIONER PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2024:KHC:52708 CRL.P No. 12113/2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Accused in Spl.C.(POCSO) No.169/2024 pending before the Court of Addl. District & Sessions Judge, FTSC-I, Kolar, arising out of Crime No.40/2024 registered by Kolar Women Police Station, Kolar District, for the offences punishable under Sections 363, 376(2)(n) of IPC, Section 6 of the POCSO Act, and Section 9 of the Prohibition of Child Marriage Act, 2006, is before this Court under Section 439 of Cr.PC seeking regular bail.

2. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1. Respondent no.2 though served in the matter has remained unrepresented before this Court.

FIR in Crime No.40/2024 was registered by Kolar Women Police Station, Kolar District, against unknown person, initially for the offence punishable under Section 363 IPC on the basis of the first information dated 15.04.2024 received from respondent no.2 who is the father of the victim girl. During the course of investigation, petitioner and the victim girl were - 3 - NC: 2024:KHC:52708 CRL.P No. 12113/2024 traced. Petitioner was arrested on 19.06.2024 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. Bail application filed by the petitioner before the Trial Court in Spl.C.(POCSO) No.169/2024 was rejected on 08.10.2024. Therefore, he is before this Court.

Learned Counsel for the petitioner submits that petitioner who is aged 20 years, has no criminal antecedents. He is in custody for the last six months. Victim girl has not supported the case of the prosecution in her statement recorded under Section 164 Cr.PC. Accordingly, he prays to allow the petition.

Per contra, learned HCGP has opposed the petition.

Perusal of the material on record would go to show that after the victim girl was found missing from her house on

14.04.2024, the first informant who is her father had made efforts to trace her. Since efforts made by him had failed, he had approached the police on 15.04.2024. During the course of investigation, victim girl and the petitioner were traced. Petitioner was arrested on 19.06.2024 and remanded to judicial custody. - 4 - NC: 2024:KHC:52708 CRL.P No. 12113/2024

The statement of the victim girl was recorded under Section 164 Cr.PC before learned Magistrate on

05.07.2024. The victim girl has stated her age as 19 years in her statement recorded under Section 164 Cr.PC. She has stated that on 14.04.2024 she married the petitioner and as on the date of her marriage, she was aged 18 years. She has stated that thereafter they were residing in a rented house in Vemagal and she has subsequently conceived. She has stated that when she was pregnant, her husband was taking care of her and she has prayed to release her husband from jail.

Considering the statement made by the victim girl recorded under Section 164 Cr.PC. and also the age of the petitioner, 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 order: