Regular bail sought under Section 439 Cr.P.C. in a POCSO case involving alleged forcible marriage and repeated penetrative sexual assault of a 15-year-old victim. Court declined bail given the seriousness of the allegations, the victim's testimony supporting prosecution, and the trial having commenced.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2105 OF 2024
BETWEEN:
MURALI G.M., S/O MARISWAMY G.B., AGED ABOUT 20 YEARS, (PRESENT AGE) R/AT GOLLURU, BOMMALINGANAHALLI, HANAGAL POST, MOLAKALMUR TALUK, CHITRADURGA DISTRICT-577 535
…PETITIONER
(BY SRI. GAURAV SUBRAMANYAM, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
PERMANENTLY R/AT HIRIKERE HALLI, MOLAKALMURU TALUK, CHITRADURGA DISTRICT-577 535
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1; R2 SERVED)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.203/2023 (IN SPL.C.NO.1139/2023) OF THE RESPONDENT NELAMANGALA TOWN POLICE STATION, BANGALORE DISTRICT, FOR THE OFFENCE P/U/S 366A, 376(2)(n), 376(3), 504, 506, 34 OF IPC AND U/S 4(2), 6 OF POCSO ACT AND U/S 9 OF PROHIBITION OF CHILD MARRIAGE ACT AND U/S 3(2)(V) OF SC AND ST ACT, PENDING ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-I) BENGALURU RURAL DISTRICT, BENGALURU C/C ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II BENGALURU RURAL DISTRICT, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.203/2023 of Nelamangala Town Police Station, pending in Spl.C.No.1139/2023 on the file of the learned Additional District and Sessions Judge (FTSC-I) Bengaluru Rural District Bengaluru C/C Additional District and Sessions Judge, FTSC-II Bengaluru Rural District, Bengaluru,
registered for the offences punishable under Section 366A, 376(2)(n), 376(3), 504, 506, 34 of the Indian Penal Code, 1860 (for short 'IPC'), Section 4(2) of POCSO Act and Section 9 of Prohibition Of Child Marriage Act and Section 3(2)(v) of SC and ST Act, on the basis of the first information lodged by the informant viz., Jyothi.
counsel for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negative' for the following:
R E A S O N S
and 3 are already enlarged on bail, but the allegations made against the present petitioner is of serious nature. The victim was hardly 15 years of age. She was forcibly married by the petitioner and he committed penetrative sexual assault repeatedly. After investigation, charge sheet is filed. It is stated that the victim is already examined before the trial court and she has fully supported the case of the prosecution. Under such circumstances, the contention of the petitioner that the act was with the consent of the victim cannot be accepted. Looking to the nature and seriousness of the offence and also the fact that the trial has already begun, I am of the opinion that the petitioner is not entitled for grant of bail.
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/JUDGE
SS List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the accused was entitled to regular bail under Section 439 Cr.P.C. for offences including POCSO and child marriage?
10 provisions across 5 enactments
Murali G.M.
State of Karnataka by Nelamangala Town Police Station
Gurumurthy
M G Uma
As recorded by the court registry
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