Allowed

Subbamma v. the State of Karnataka

Karnataka HC26 May 2022CRL.P/2729/2022

Case brief

AI extract

What is this about?

The Karnataka High Court granted anticipatory bail to Subbamma, accused No.3 in a child marriage and POCSO case. Recognizing the familial relationship, the court held her a fit case for bail subject to bonds, witness protection, and jurisdiction restrictions.

What did the court decide?

Petitioner released on bail subject to executing personal bond with sureties, not tampering witnesses, and not leaving jurisdiction without permission.

Subbamma Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MAY, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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CRIMINAL PETITION NO.2729/2022

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BETWEEN:

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SUBBAMMA, W/O GANGADHARAPPA, AGED ABOUT 32 YEARS, R/A KALLINAYAKANAHALLI VILLAGE, THONDEBHAVI HOBLI, GOWRIBINDANUR TALUK, CHIKKABALLAPUR DISTRICT-561208 ...PETITIONER

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(BY SRI NARAYANASWAMY K.N., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, MANCHENAHALLI POLICE STATION, REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF THE KARNATAKA, HIGH COURT BUILDINGS, BENGALURU-560001. ...RESPONDENT

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(BY SRI MAHESH SHETTY, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.95/2021 OF MANCHENALLI P.S., CHICKBALLAPURA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 376(2)(n) OF IPC AND SECTIONS 9 AND 11 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 AND UNDER SECTION 6 OF POCSO ACT 2012 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE FTSC-1, AT CHIKKABALLAPURA.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed under Section 438 of Cr.P.C. praying this Court to enlarge the petitioner on bail in the event of her arrest in respect of Crime No.95/2021 registered by Manchenalli Police Station, Chickballapura, for the offences punishable under Section 376(2)(n) of IPC, Sections 9 and 11 of the Prohibition of Child Marriage Act and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short).

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

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The factual matrix of the case of the prosecution is that accused No.1 married the minor girl and subjected her for sexual act. This petitioner, who is accused No.3 performed the marriage of her daughter with accused No.1 and hence invoked the offences under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act.

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The learned counsel for the petitioner would submit that at the most, it attracts the offence punishable under Section 9, 10 and 11 of the Prohibition of Child Marriage Act against this

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petitioner. The learned counsel submits that accused No.1 is none other than the brother of the petitioner and the victim girl is the daughter of the petitioner. The victim girl in her 164 statement has stated that though she has not given any consent, the petitioner performed the marriage with her brother.

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Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that in 164 statement, categorical submission is made before the Court that thought she had not given any consent, her marriage was performed with the brother of the petitioner and hence there is a prima facie case against the petitioner.

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Having heard the respective learned counsel and considering the peculiar circumstances of the case, accused No.1 is none other the brother of the petitioner and this petitioner is the mother of the victim girl. The allegation against the petitioner is that she committed the offence under Sections 9, 10 and 11 of the Prohibition of Child Marriage Act and performed the marriage of the minor daughter with her brother. The offence against accused No.1 is under Sections 4 and 6 of the POCSO Act and Section 376(2)(n) of IPC. When such being the

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circumstances and when investigation has already been completed and charge-sheet has been filed, considering the punishment provided under Sections 9, 10 and 11 of the Prohibition of the Child Marriage Act and also considering the gravity of the offence, it is a fit case to grant anticipatory bail in favour of the petitioner with conditions.

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In view of the discussions made above, I pass the

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following:

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ORDER

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The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.95/2021 registered by Manchenalli Police Station, Chickballapura, for the offences punishable under Section 376(2)(n) of IPC, Sections 9 and 11 of the Prohibition of Child Marriage Act and under Section 6 of the POCSO Act, subject to the following conditions:

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(i) The petitioner shall surrender herself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the

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satisfaction of the concerned Investigating Officer.

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(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

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(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.

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Sd/JUDGE

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Subbamma v. the State of Karnataka

Case brief

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Subbamma v. the State of Karnataka

Case brief

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