The High Court of Karnataka granted regular bail to the petitioner-accused under Section 439 CrPC in a rape and child marriage case, subject to execution of a personal bond.
Release of petitioner-accused No.2 on bail subject to executing a personal bond of Rs. 50,000 with a solvent surety, not tampering with witnesses, and appearing for investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.215 OF 2021
BETWEEN:
Lakshmikanth S/o Late Revanna Aged about 24 years R/o Sumalatha rented house 2nd Cross, Nandininagara Chikkabanavara
Bengaluru Rural District – 573 112.
…Petitioner
(By Sri. Sunil Kumar S, Advocate for Sri. Lakshmikanth G - Advocate)
AND:
...Respondents
(By Sri. K Nageshwarappa, HCGP)
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This Criminal petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.152/2020 of Soladevanahalli P.S. for the offence punishable under Sections 9, 10, 11 of Prohibition of Child Marriage Act, 8 & 12 of POCSO Act and Sections 506, 201 of IPC, now pending on the file of II-Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru in Spl.C.C.No.345/2020.
This Criminal petition coming on for Orders , this day, the Court made the following:
O R D E R
This petition is filed by petitioner-accused No.2 under Section 439 of Cr.P.C. for grant of regular bail in Crime No.152/2020 registered by the Soladevanahalli Police Station, for the offence punishable under Sections 9, 10, 11 of the Prohibition of Child Marriage Act, 2006, Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 506 r/w 34 of IPC.
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the marriage of the victim was held with Accused No.2 on the date fixed, as the complainant eloped with her lover. The victim is the younger sister of complainant who is aged 15 years. The parents of the complainant arranged the marriage of Accused No.2 with the younger daughter and after the marriage, the accused took the victim to their house, kept in the room and tried to sexually assault her and was threatening to take photos and web host the same. After registering the case, the police arrested Accused No.1, mother of the complainant and Accused No.2, alleged husband of the sister of the complainant on 26.08.2020. He was remanded to judicial custody. The petitioner had also approached before the Sessions Judge for bail, which came to be rejected. Hence, petitioner-accused No.2 is before this Court.
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22.04.2020 but the complainant ran away from the house prior to the date of marriage. Therefore, the elders on both sides made an arrangement to marry the petitioner with younger sister of the complainant. Due to prestige issue, the marriage could not be cancelled on the said date and the petitioner married with the younger sister of the complainant. He has not committed any offence by marrying the sister of the complainant. The complaint came to be lodged after four months from the alleged date of marriage. The co-accused No.3 has been released on anticipatory bail. He is ready to abide by any conditions to be imposed by this Court. Hence, prayed for grant of bail.
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against the accused for the alleged offences. Hence, prayed for dismissal of the bail petition.
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conditions, no prejudice would be caused to the case of the prosecution. Accordingly, I pass the following:
ORDER
The criminal petition is allowed.
The Special Court/trial Court is directed to release the
petitioner-accused No.2, on bail in Crime No.152/2020 registered by Soladevanahalli Police, subject to the following conditions:-
i) Petitioner shall execute personal bond in a sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety for likesum to the satisfaction of the trial Court;
iii) Petitioner shall appear before the Investigating Officer, as and when called for the purpose of investigation.
Sd/JUDGE
DKB/-
1 issue framed by the court
Whether to grant regular bail to the accused charged with offences under the POCSO Act and Prohibition of Child Marriage Act.
4 provisions across 4 enactments
Lakshmikanth S/o Late Revanna
State of Karnataka
Smt. Likitha H
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
