The High Court of Karnataka rejected a bail petition filed by the accused in a case involving sexual intercourse with a minor girl and subsequent marriage. The court held that the offence was heinous and a prima facie case existed.
Bail petition rejected; petitioner not allowed to be enlarged on bail.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.2048/2022
BETWEEN
SHRI SHARATH S/O LATE GOVINDARAJU AGED ABOUT 26 YEARS R/AT INSIDE OF SMASHANA NEAR SBU BANK, YADALAM NAGAR SUBRAMANYAPURA, BENGALURU-560061.
...PETITIONER
(BY SRI ANANTHA PADMANABHA G N, ADVOCATE)
AND
(BY SRI MAHESH SHETTY, HCGP R1; R2 SERVED BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.200/2020 OF SUBRAMANYAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(I) OF IPC, SECTION 5(L), 6 OF POCSO ACT, SECTION 9, 11 OF PROHIBITION OF CHILD MARRIAGE ACT AND ETC.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 439 of Cr.P.C. seeking
regular bail of the petitioner in Crime No.200/2020 of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 376(2)(I) of IPC, Section 5(L) and 6 of POCSO Act, Section 9 and 11 of Prohibition of child Marriage Act.
3. The factual matrix of the case is that in view of
birthday of the victim girl on 17.10.2020, this petitioner came to the house of the victim girl and forcibly had sexual intercourse with her promising that he would marry her and continued the said act about 4 to 5 times, as a result, she became pregnant and when said fact came to the knowledge of the accused persons, accused Nos.2, 3 and 4 performed the marriage of the victim girl with this petitioner on 28.06.2020 and the victim was
3
rescued by CW21 and CW4 and kept her in Vidyaranya, protection of the child institution and later on she gave birth to a child and the victim statement was also recorded under Section 164 of Cr.P.C.
Pleader appearing for the State would submit that the victim was aged about 13 years as on the date of the alleged incident and this petitioner subjected the minor girl for sexual act and also continued the same, as a result, she gave birth to a child, hence, there is a prima-facie case against this petitioner and prayed to dismiss the petition.
the parties and also on perusal of the material available on
4
record, which discloses no doubt, the marriage of the victim girl was performed with this petitioner and at that time her age was 13 years and apart from that she was subjected for sexual act at that age continuously, as a result, she became pregnant and at the time of recording of 164 statement she has mentioned her age as 14 years and that she also gave birth to the child which was aged about one month eleven days and taking into note of the fact that the girl who is below the age of 18 years i.e., 13 years old was subjected to sexual act, as a result, she gave birth to the child and hence, there is a prima-facie against this petitioner. Hence, it is not a fit case to exercise the discretion in favour of this petitioner considering the fact that he committed an heinous offence of subjecting the minor girl for sexual act.
following:
ORDER
The bail petition is rejected.
Sd/JUDGE
SN
2 issues framed by the court
Whether the petitioner is entitled to regular bail given the heinous nature of the offence against a minor.
Whether the prima facie case against the petitioner justifies rejection of bail in a heinous offence.
3 provisions across 3 enactments
SHRI SHARATH S/O LATE GOVINDARAJU
STATE OF KARNATAKA
SMT. MANGALAGOWRI
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
