Accused in a child marriage and POCSO offences case sought anticipatory bail after charge sheet filing; court granted bail with conditions including bond with two sureties.
Enlargement on bail in event of arrest in Crime No.198/2023, bond Rs.2,00,000/- with two sureties and conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2011 OF 2024
BETWEEN:
C. MANJUNATHA S/O CHANDRAPPA, AGED ABOUT 33 YEARS, OCC AGRICULTURIST, R/O KALLAHATTI VILLAGE, AIMANGALA HOBLI, CHITRADURGA TALUK AND DISTRICT - 577 558.
…PETITIONER
(BY SRI. P.B. UMESH, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
(IN THE ORDER COPY NAME IS MENTIONED AS STATE BY AIMANGALA POLICE STATION)
(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BEGALURU - 560 001)
NC: 2024:KHC:19237 CRL.P No. 2011 of 2024
CDPO OFFICE, GUYILAL CIRCLE, HIRIYUR, CHITRADURGA DISTRICT - 572 143.
…RESPONDENTS
(BY SRI. M.R. PATIL, HCGP; R2 SERVED)
THIS CRL.P IS FILED U/S. 438 OF CR.P.C PRAYING TO DIRECT THE CONCERNED POLICE OF IMANGALA POLICE STATION, IMANGALA CIRCLE, CHITRADURGA DISTRICT TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.198/2023 OF IMANGALA POLICE STATION, CHITRADURGA DISTRICT IN THE EVENT OF HIS ARREST (CHARGE SHEETED FOR THE OFFENCES P/U/S 376(2)(n), IPC, SEC. 4,5(J)(II), 5(L), 6 OF POCSO ACT, 2012 AND SEC. 9 OF THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT 2016, NOW ON THE FILE OF SPECIAL, 2ND ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN SPL.C.(PO) 18/2024) WITH SUCH CONDITIONS WHICH THIS HONBLE HIGH COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of anticipatory bail in Crime No.198 of 2023 of Imangala Police Station, Police Station, Chitradurga District on the file of the learned Special, 2nd Additional District and Sessions Judge, Chitradurga registered for the offences punishable under Sections 376(2)(n) of Indian Penal Code, 1860 (for short 'IPC'), Section 4, 5(J)(II),
5(L), 6 of POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 on the basis of the first information lodged by the informant viz., Manjula B.Patil.
“Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
R E A S O N S
anticipatory bail on the apprehension of being arrested. The CDPO has filed the first information against the petitioner for the above said offences. The date of birth of the victim is stated to be 17.07.2005 and she was married to the petitioner on 11.12.2022. Apparently, the victim was minor at the time of her marriage with the petitioner. Even the statement of the victim recorded by the Investigating Officer under Section 161 of Cr.P.C discloses that she was married to the petitioner while she was a minor. But she has given birth to a baby girl on 23.09.2023. There is strong prima facie material against the petitioner for having committed the offence. But now the investigation is completed and charge sheet is already filed. It is not the contention of prosecution that the petitioner is required for interrogation. Under such circumstances, I do not find any reason to reject the prayer made by the petitioner.
NC: 2024:KHC:19237 CRL.P No. 2011 of 2024
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.198 of 2023 of Imangala Police Station, Police Station, Chitradurga District.
The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his/her appearance, the Investigating Officer shall enlarge him/her on bail subject to the following conditions:-
On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time.
Sd/JUDGE
SS List No.: 1 Sl No.: 13
1 issue framed by the court
Whether the petitioner is entitled to grant of anticipatory bail under Section 438 CrPC despite prima facie material, given completed investigation and filed charge sheet?
5 provisions across 4 enactments
C. Manjunatha
The State of Karnataka by Imangala Police Station
Smt. Manjula B Patil
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
