Criminal Petition No. 13273 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13273 OF 2024 (439(Cr.PC) / 483(BNSS)) …PETITIONER BETWEEN: MR. SYED AFAK S/O MR. SYED SIRAJ, AGED ABOUT 24 YEARS, RESIDING AT THIPPANAGARA, CHANNAPATNA TOWN, RAMANAGARA DISTRICT. (BY SRI. GAJENDRA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA
Legal Reasoning
BY CHANNAPATNA EAST POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. 2. C.D.P.O NO.4823, A1, APPAJI COMPLEX, CHANNEL ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT. 3. VICTIM GIRL
Legal Reasoning
AGED ABOUT 18 YEARS, REPRESENTED BY HER UNCLE NATURAL GUARDIAN, MR. JABEER PASHA, S/O AHAMED PASHA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 AGED ABOUT 36 YEARS, RESIDING AT TIPPUNAGARA, CHANNAPATNA TOWN, RAMANAGARA DISTRICT. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R-1 & R-2; SRI. MUNI REDDY M.N., ADV. FOR R-3) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN SPL.C. (POCSO) NO.150/2024 (CRIME NO.55/2024) FOR OFFENCE PUNISHABLE UNDER SECTIONS 376(2)(n) OF INDIAN PENAL CODE AND UNDER SECTION 4, 5(L) AND 6 OF POCSO ACT, 2012 AND UNDER SECTION 9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, REGISTERED BY 1ST RESPONDENT CHANNAPATNA EAST POLICE STATION, PENDING ON THE FILE OF THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned Additional SPP for the State and learned counsel appearing for respondent No.3, victim represented by her uncle/natural guardian. 2. FIR in Crime No.55/2024 came to be registered at Channapatna East Police Station, Ramanagara against - 3 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 the petitioner alleging offences punishable under Section 376(2)(n) of IPC, Section 4 and 6 of POCSO Act, 2012 and Section 9 and 10 of Prohibition of Child Marriage Act, 2006, on a complaint lodged by the Child Development Protection Officer (CDPO), Channapatna, Ramanagara District. The FIR is registered, based on an information received by the complainant from the Medical Officer, Health Centre, Channapatna, that a minor girl has become pregnant. After collecting the mother card, the aforementioned complaint was lodged. The police after investigation has filed charge sheet against accused Nos.1 to 4 for the offence punishable under Section 376(2)(n) of IPC, Section 9 and 10 of Prohibition of Child Marriage Act, 2006 and Section 4, 5(l) and 6 of POCSO Act, 2012. 3. It is the case of prosecution that the petitioner/accused No.1 herein married the minor victim aged about 17 years on 28.01.2024 and committed aggravated penetrative sexual assault on her on account of which she became pregnant. It is alleged that accused - 4 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 Nos.2 to 4 namely the father of the victim and the parents of accused No.1 have performed the marriage of the minor victim with accused No.1 and thereby abetted the offence. 4. Learned Additional SPP would contend that the victim has delivered a child on 05.12.2024. The DNA report is awaited and in view of the materials collected, there is a prima facie against the petitioner. She contended that the offence committed by petitioner is heinous in nature and in view of the punishment prescribed, petitioner is not entitled for the relief of bail. 5. Learned counsel appearing for respondent No.3 has contended that the victim has married the petitioner and now she has delivered a child and the mother and the child are now with the parents of victim. 6. Learned counsel for petitioner has contended that victim was not a minor as on the date of commission of offence and there are no acceptable evidence collected by the prosecution to prove the age of the victim and - 5 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 therefore, the ingredients of the offences alleged are not made out. He contended that the petitioner was arrested on 12.08.2024, investigation is completed and charge sheet is also filed and therefore, seeks to enlarge the petitioner on bail by imposing any conditions. 7. According to the prosecution, petitioner married the victim on 28.01.2024 and committed aggravated penetrative sexual assault on her, on account of which she became pregnant. The prosecution is relying on the school records and the birth certificate issued by one Balu Nursing Home, wherein the date of birth of the victim is mentioned as 04.11.2006. It is therefore contended by the learned Additional SPP that as on the date of marriage i.e., on 28.01.2024, victim was aged 17 years 2 months and hence, she was a minor. 8. In the certificate issued by the Head Master of one G.U.H.P.S, Tippunagara, Channapatna Town, date of birth of the victim is mentioned as 04.11.2006. - 6 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 9. Petitioner’s counsel has seriously disputed the date of birth of the victim as stated by the prosecution. He has contended that the victim was not a minor as on the date of commission of offence. This Court finds that there is correction made in the school certificate issued by the head master. It is clearly visible, the month is corrected from 04.01.2006 to 04.11.2006. The authenticity of the certificate issued by one Balu Nursing Home has to be proved by the prosecution in trial, as there is difference in the name of victim’s father mentioned in the said certificate. Hence, without expressing any view on the merits of the case, petitioner can be enlarged on bail by imposing conditions. Accordingly, the following:
Decision
ORDER (i) Petition is allowed. (ii) Petitioner/accused No.1 in Crime No.55/2024 of Channapatna East Police Station, Bengaluru, shall be enlarged on bail, subject to following conditions: - 7 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the above condition shall result in cancellation of bail. - 8 - NC: 2025:KHC:4502 CRL.P No. 13273 of 2024 Observations made in this order are confined to the disposal of the petition. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 31 Ct:ar