Allowed

Sri Shashikumar v. State by Women P S Chitradurga

Karnataka HC26 Mar 2024CRL.P/1084/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a bail petition under Section 439 CrPC for an accused charged with POCSO offences and IPC 376(2)(n). The Petitioner sought regular bail after a Special Judge rejected his plea, arguing the victim attained majority and their marriage was solemnized and registered in jail.

What did the court decide?

Petitioner enlarged on bail with Surety on Rs 100,000 (Personal Bond Rs.50,000 + Surety Rs.50,000) subject to specific conditions.

Sri Shashikumar Vs State by Women P S… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:12519 CRL.P No. 1084 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 26^TH DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION No. 1084 OF 2024

¶6

BETWEEN:

¶7

SRI SHASHIKUMAR S/O RAJAPPA

¶8

AGED ABOUT 23 YEARS AGRICULTURIST

¶9

R/A DODDASIDDAVVANAHALLI VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT – 577 501.

¶10

…PETITIONER

¶11

(BY SRI GOPALAKRISHNAMURTHY C, ADVOCATE)

¶12

Digitally signed by SOWMYA D Location: High Court of Karnataka

¶13

AND:

¶14

STATE BY WOMEN P S CHITRADURGA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001.

¶15

CHILD DEVELOPMENT PLANNING OFFICER CHITRADURGA TALUK CHITRADURGA DISTRICT – 577 501.

¶16

…RESPONDENTS

¶17

(BY SRI B LAKSHMANA, HCGP FOR R1; R2 IS SERVED)

¶18

THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL BY ALLOWING THE PETITION IN CR.No.57/2023 REGISTERED BY RESPONDENT NO.1 (CHITRADURGA WOMEN P.S.0 FOR THE OFFENCE P/U/S 376(2)(n) OF IPC, U/S 4, 5(J)(II), 6 OF POCSO

¶19

¶20

NC: 2024:KHC:12519 CRL.P No. 1084 of 2024

¶21

ACT, U/S 9 OF CHILD MARRIAGE RESTRAINT ACT, PENDING IN THE CASE NO.SPL.C.(POCSO) No.101/2023 BEFORE SPECIAL 2^ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND ETC.,

¶22

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

¶23

ORDER

¶24

The petitioner has filed this petition under Section 439 of Cr.P.C. for enlarging him on bail in Crime No.57/2023 of Women Police Station at Chitradurga, registered for the offences punishable under Section 376(2)(n) of IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’), and under Sections 9, 10, & 11 of Child Marriage Restraint Act, which is pending on the file of Special II Additional District and Sessions Judge at Chitradurga.

¶25

The brief factual matrix leading to this case are that, the complainant-Smt. Sudha, the CDPO has lodged a complaint by setting law into motion. It is alleged that, she has received an information from Chigateri District Hospital, Davangere, about a minor girl delivering a boy

¶26

3 - NC: 2024:KHC:12519 CRL.P No. 1084 of 2024

¶27

baby and when the District Children Protection Team visited the hospital, they came to know that, the victim aged 17 years was married to the petitioner and as a result of sexual relationship between the victim and petitioner, the victim became pregnant and she gave birth to a child on 14.05.2023. On the basis of the above information, the CDPO has lodged a complaint and on the basis of the complaint, FIR came to be issued against the petitioner. The petitioner/accused was arrested and he was remanded to judicial custody. Later on the victim as well as the petitioners were subjected to medical examination. After completion of investigation, the Investigating Officer has also submitted the charge sheet.

¶28

The petitioner has approached the learned

¶29

Special Judge seeking regular bail and the learned Special Judge has rejected the bail petition. Hence, the petitioner is before this Court.

¶30

4 - NC: 2024:KHC:12519 CRL.P No. 1084 of 2024

¶31

Heard the learned counsel for the

¶32

petitioner/accused and the learned HCGP appearing for Respondent No.1-State. Perused the records.

¶33

Learned counsel for the petitioner has submitted

¶34

that, the victim has attained majority and he has also produced the documents to show that the victim as well as the petitioner were married in the Jail Premises in the presence of the Jail Authority. He has also produced the document to show that their marriage was also registered.

¶35

The allegation of the prosecution discloses that the victim was aged about 18 years 4 months when she delivered to a child. Further, the allegation discloses that, since last two years the victim and petitioner were in love with each other and during minority itself the marriage of victim was solemnized with the petitioner, and out of their wed-lock, the victim became pregnant and during minority not only the marriage was solemnized, but he had sexual intercourse with victim, which resulted in her pregnancy

¶36

5 - NC: 2024:KHC:12519 CRL.P No. 1084 of 2024

¶37

and hence the petitioner alleged to have committed the offences as alleged.

¶38

On perusal of the records, it is evident that,

¶39

neither of relatives of the victim have lodged any complaint nor the victim has lodged any complaint against the petitioner. It is only after information given by the Medical Officer of Chietageri District Hospital at Davangere to the CDPO of Chitradura, when the victim was visited the hospital for check up and who had delivered a baby, the CDPO has set the law in motion. However, in view of this complaint, the victim has now become orphan and she was left as a destitute lady, as the petitioner is in custody. It is noticed that, both victim and petitioner were living happily and due to intervention of CDPO, their marriage bond was damaged considerably. The trial is also in the verge of conclusion. The records further disclose that, subsequently after attaining the age of majority, the petitioner has married the victim once again and their

¶40

6 - NC: 2024:KHC:12519 CRL.P No. 1084 of 2024

¶41

marriage was solemnized before the Jail Authorities and their marriage is also registered.

¶42

Looking to the above facts and circumstances, I do not find any impediment to admit the petitioner on bail. The other apprehensions raised by HCGP can be metedout by imposing certain conditions. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:-

¶43

ORDER

¶44

I. The Petition is allowed .

¶45

II. The petitioner/accused is directed to be enlarged on bail in Crime No.57/2023 of Women Police Station at Chitradurga, registered for the offences punishable under Section 376(2)(n) of IPC and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’), and under Sections 9, 10, & 11 of Child Marriage Restraint Act, which is pending on the file of Special II Additional District and Sessions Judge at Chitradurga, on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the

¶46

¶47

NC: 2024:KHC:12519 CRL.P No. 1084 of 2024

¶48

satisfaction of the concerned Special Court, subject to the following conditions that,-

¶49

(i) He shall not indulge in any of the criminal activities

¶50

(ii) He shall not tamper the prosecution witnesses either directly or indirectly.

¶51

(iii) He shall attend the Court on all the dates of hearing, unless he is exempted by a specific order.

¶52

(iv) He shall co-operate for speedy disposal of the matter.

¶53

Sd/JUDGE

¶54

KGR

¶55

List No.: 1 Sl No.: 38

Sri Shashikumar v. State by Women P S Chitradurga

Case brief

What is this about?

What did the court decide?

Sri Shashikumar v. State by Women P S Chitradurga

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ambar a Rao Vs the State of Karnataka

Prasanna Vs the State of Karnataka

Sharath D.V. Vs the State of Karnataka

Manjunath R Vs State of Karnataka by

Keerthi a B Vs the State of Karnataka

Sri Arif Abu Suffian Khatai Arif Vs the State of Karnataka