Criminal petition under Section 439 Cr.P.C. filed to enlarge bail in a case involving alleged kidnapping, child marriage, and sexual assault on a minor. The High Court dismissed the bail petition.
Bail extended to the petitioner was refused; the petition to enlarge bail was dismissed.
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 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 282 OF 2024
BETWEEN:
BASAVARAJU S/O NAGANNA, AGED ABOUT 24 YEARS, R/AT KALLIPALYA VILLAGE, HOLAVANAHALLI HOBLI, KORATAGERE TALUK, TUMAKURU DISTRICT-572129.
…PETITIONER
(BY SRI. SHARATH KUMAR G.M., ADVOCATE FOR SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. RAJAT SUBRAMANYA, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.C.NO.501/2022 (CR.NO.73/2022) OF KORATAGERE P.S., TUMAKURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 363, 376(2)(n), 344 READ WITH 34 OF IPC AND SECTION 6 OF POCSO ACT AND SECTION 9 OF CHILD MARRIAGE ACT AND SECTION 3(1)(w)(ii),3(2)(va) OF SC/ST (POA) ACT PENDING ON THE FILE OF THE HONBLE ADDL.DISTRICT AND SESSIONS JUDGE (FTSC-1) AT TUMAKURU IN WHICH THIS PETITIONER IS ARRAYED AS ACCUSED NO.01.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.73/2022 of Koratagere Police Station, Tumakuru.
victim's relative, initially the case was registered for an offence punishable under Section 363 of IPC against the petitioner. It is stated in the complaint that the victim aged about 16 years 3 months left her house on 12.03.2022 at about 11.00 a.m. saying that she has got some work in the Bank in Koratagere and thereafter, she did not return. He suspected that the petitioner might have kidnapped her. After the victim was secured, her statement was recorded under Section 161 as well as 164 of Cr.P.C. Her medical examination was also conducted.
The accused was arrested on 09.08.2022. On completion of the investigation, charge-sheet was filed against the petitioner/accused for the offence punishable under Sections 363, 376(2)(n), 344 read with Section 34 of IPC, Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 and Sections 3(1)(w)(ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
NC: 2024:KHC:4593 CRL.P No. 282 of 2024
of CW.4, wherein he committed aggravated penetrative sexual assault on her.
contended that as per the school records, the date of birth of the victim is 08.12.2005 and therefore, she was minor as on the date of the commission of the offence. He submits that as per the medical examination report of the
victim, she is pregnant. He therefore contended that there is a prima-facie case against the petitioner. He further contended that if the petitioner is enlarged on bail, he may try to intimidate and influence the victim girl not to give evidence before the Court. He therefore, sought to dismiss the petition.
recorded under Section 164 of Cr.P.C. She has stated that she asked the petitioner to come to Madhugiri and from there, she went with him to Chitradurga and married him in one Anjaneyaswamy temple. However, as per the school records, the date of birth of the victim is 08.12.2005. The incident of kidnap has taken place on 12.03.2022. According to prosecution, the petitioner married the victim in a temple on 13.03.2022. Thereafter, both of them stayed in the house belonging to CW.4, wherein the petitioner is alleged to have committed aggravated penetrative sexual assault on her. Hence, prima-facie, as on the date of commission of offence, the victim was a
NC: 2024:KHC:4593 CRL.P No. 282 of 2024
minor. As rightly contended by the learned High Court Government Pleader, if the petitioner is released on bail, there are chances of tampering the victim. Hence, at this
state this is not a fit case to enlarge the petitioner on bail.
The petition is accordingly dismissed .
Observations made in this order shall not influence
the trial of the case.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 26
2 issues framed by the court
Whether the victim was a minor on the date of the alleged offence given the accused's conviction for child marriage and sexual assault.
Whether bail should be granted when the petitioner faces charges under POCSO and child marriage offences against a minor and is pregnant.
6 provisions across 5 enactments
Basavaraju
State of Karnataka
Naveen Kumar
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
