The High Court of Karnataka allowed a bail petition under Section 439 Cr.P.C. for the accused who married his minor wife, holding that the marital relationship negates the serious prejudice perception, allowing bail subject to conditions.
Petitioner enlarged on bail by executing a personal bond of ₹1,00,000 with two sureties.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO.7295/2022
BETWEEN:
SRI.ALEEM PASHA S/O SALEEM PASHA AGED ABOUT 27 YEARS RESIDING AT NEAR DODDAMMA TEMPLE KOWDENAHALLI RAMAMURTHY NAGARA K.R.PURAM BENGALURU CITY – 560 016
(BY SRI.BASAVANNA M.D, ADVOCATE)
AND:
2
K.R.PURAM POLICE STATION K.R.PURAM BENGALURU - 36
...RESPONDENTS
(BY SRI.K.NAGESHWARAPPA, HCGP FOR R.1; R.2 -SERVED)
THIS PETITION IS FILED U/S 439 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.206/2022 OF K.R.PURAM P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 9 AND 10 OF CHILD MARRIAGE RESTRAINT ACT AND SECTIONS 4 AND 6 OF PROTECTIONS OF CHILD FROM SEXUAL OFFENCE ACT 2012 PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/Accused No.1 under
Section 439 of Cr.P.C. seeking regular bail in Crime No.206/2022 of K.R.Puram Police Station, Bengaluru City, registered for the offences punishable under Sections 9 and 10
of Child Marriage Restrain Act and Sections 4 and 6 of Protections of Child from Sexual Offence Act, 2012 (for short
3
‘POCSO ACT’) pending on the file of the Additional City Civil and Sessions Judge at Bengaluru.
4
counsel for the petitioner/Accused No.1 and learned counsel appearing for the respondent – State. Perused the records.
victim, who is the wife of the petitioner, approached the Primary Health Centre in Ramamurthy Nagar for medical checkup and on examination, it is found that she was pregnant. Further, it is also revealed that her date of birth is 27.07.2004 and she was aged about only 17 years. The petitioner being her husband, it is alleged that the marriage of the victim was solemnized when she was minor and after marriage, she has become pregnant in view of physical relationship between the petitioner and the complainant. Hence, the complaint came to be lodged.
5
treated as 15 years and hence, he would contend that there is no commission of offence under Sections 9 and 10 of the Child Marriage Restrain Act. However, such arguments cannot be accepted in view of the fact that POCSO Act is a Special Act and it over rights personal law and under POCSO Act, the age for involving in sexual activities is 18 years.
6
Court regarding the marriage. Hence, looking to these facts and circumstances, there is no question of tampering the prosecution witnesses. Considering the relationship of marriage, in my considered opinion, there is no impediment for admitting the petitioner on bail. Further victim being pregnant, requires proper support and petitioner can take care of his wife. The apprehension raised by the learned HCGP can be meted-out by imposing certain conditions. Hence, the bail petition needs to be allowed and accordingly, I proceed to pass the following:-
ORDER
The petition is allowed . The petitioner/Accused No.1 is directed to be enlarged on bail in respect of Crime No.206/2022 of K.R.Puram Police Station, registered for the offence punishable under Sections 9 and 10 of Child Marriage Restrain Act and Sections 4 and 6 of Protections of Child from Sexual Offence Act 2012 on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two
7
sureties for the like-sum to the satisfaction of the trial Court, subject to the following conditions that,-
Sd/JUDGE
NBM
2 issues framed by the court
Whether the petitioner is eligible for regular bail in an offence under Sections 9 and 10 of the Child Marriage Restraint Act and Sections 4 and 6 of POCSO Act.
Whether the relationship of marriage between the petitioner and the victim is a relevant circumstance for admitting bail.
3 provisions across 3 enactments
Sri.Aleem Pasha
The State of Karnataka
Vanadana Kalagudi
Rajendra Badamikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
