Allowed

Kishore H.N. v. the State of Karnataka

Karnataka HC6 Dec 2024CRL.P/11838/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail petition under Section 439 Cr.P.C. and Section 483 BNSS filed by an accused in a case involving offences under IPC and POCSO Act. The court granted bail subject to conditions, noting the dispute arose after six years of marriage, the petitioner had no antecedents, and other co-accused had already been granted anticipatory bail.

What did the court decide?

The petitioner was directed to be enlarged on bail subject to execution of a personal bond with two sureties of Rs.1,00,000, regular appearances, non-interference with witnesses, and not leaving the j

Kishore H.N. Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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1 - NC: 2024:KHC:50369 CRL.P No. 11838 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11838 OF 2024

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BETWEEN:

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KISHORE H.N. AGED ABOUT 35 YEARS S/O OF H P NANJUNDAIAH RA/T NEAR GOKUL COLLEGE HAROHALLI KOLAR - 563 103

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…PETITIONER

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(BY SRI. PRATEEK CHANDRAMOULI, ADVOCATE) AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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THE STATE OF KARNATAKA WOMENPOICE STATION KOLAR REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE

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XXXX

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…RESPONDENTS

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(BY SRI. K. RAHUL RAI, HCGP FOR R1

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R-2 IS SERVED AND UNREPRESENTED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE INVESTIGATION OFFICER IN CRIME NO.90/2024, ON THE FILE OF THE WOMEN POLICE STATION, KOLAR REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 313, 504, 376(2)(n) READ WITH SECTION 34 OF IPC AND SECTION 6 OF POCSO ACT 2012 AND SECTIONS 9

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NC: 2024:KHC:50369 CRL.P No. 11838 of 2024

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AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT 2006 TO RELEASE THE PETITIONER ON BAIL.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused no.1 in Crime No.90/2024 registered by

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Kolar Women Police Station, Kolar, for the offences punishable under Sections 376(2)(n), 313, 504, 34 IPC, Section 6 of the POCSO Act, and Sections 9 & 10 of the Prohibition of Child Marriage act, 2006, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned Counsel for the petitioner and

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the learned HCGP for respondent no.1. Respondent no.2 who is served in the matter has remained unrepresented before this Court.

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Learned Counsel for the petitioner submits that accused Nos.2 to 5 have been granted anticipatory bail by this Court in Crl.P.No.10469/2024. The petitioner who is the husband of first informant was arrested in the present case on 09.10.2024 and for the last nearly two months he

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3 - NC: 2024:KHC:50369 CRL.P No. 11838 of 2024

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is in custody. Marriage of the petitioner with the first informant was solemnized in the month of June-2018 and

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they have a child from the wedlock. Only after the relationship between the husband and wife got strained, the first informant has approached the police. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. He submits that serious allegations are found against the petitioner which would prima facie attract alleged offences against the petitioner. Accordingly, he prays to dismiss the petition.

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Perusal of the first information dated 02.09.2024 submitted by the victim lady who is the wife of the petitioner herein would reveal that her marriage with the petitioner was solemnized on 08.06.2018 in the presence of the parents of both the parties. From the wedlock a boy child was born to them on 13.05.2019. Allegations now made against the petitioner is that at the time of marriage the first informant was minor aged about 17 years 28 days and against her wishes the accused No.1/petitioner herein

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4 - NC: 2024:KHC:50369 CRL.P No. 11838 of 2024

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had sexual intercourse with her. She has further alleged that she was subjected to harassment in her matrimonial house by all the accused persons in present case, and when she became pregnant for the second time, her husband had taken her to the hospital and had got the pregnancy terminated against her wishes. It is further alleged that accused no.1/petitioner herein has illicit relationship with another lady by name Sushma and when the first informant had questioned the same, accused no.1 and his family members had abused her and had thrown her out of the matrimonial house. It is thereafter she had

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approached the police on 02.09.2024.

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Allegations now made against the petitioner is required to be proved in the full-pledged trial. The marriage between the accused No.1 and the first informant in the present case was solemnized on 08.06.2018, and after delay of six years, the allegations are now made that first informant was minor at the time of her marriage. Undisputedly, they have a child born on 13.05.2019. After the dispute arose between the parties

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5 - NC: 2024:KHC:50369 CRL.P No. 11838 of 2024

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with regard to the alleged illicit relationship of the petitioner and a lady named Sushma, the first informant has approached the police. The petitioner who has no criminal antecedents is in custody from 09.10.2024. Major portion of the investigation is completed and accused Nos.2 to 5 have been granted anticipatory bail by this Court. Under the circumstance, I am of the opinion that the prayer made by petitioner for grant of regular bail is required to be answered affirmatively.

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Accordingly, the following

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The Criminal Petition is allowed.

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The petitioner is directed to be enlarged on bail in Crime No.90/2024 registered by Kolar Women Police Station, Kolar, for the offences punishable under Sections 376(2)(n), 313, 504, 34 IPC, Section 6 of the POCSO Act, and Sections 9 & 10 of the Prohibition of Child Marriage Act, 2006, subject to the following conditions:

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6 - NC: 2024:KHC:50369 CRL.P No. 11838 of 2024

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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SD/(S VISHWAJITH SHETTY) JUDGE

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ASN

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List No.: 1 Sl No.: 42

Kishore H.N. v. the State of Karnataka

Case brief

What is this about?

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Kishore H.N. v. the State of Karnataka

Case brief

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