In a criminal petition under Section 438 Cr.P.C., the High Court of Karnataka refused to grant anticipatory bail to petitioners accused of child sexual offences and child marriage. The Court denied relief as the petitioners were absconding at the time of FIR registration, distinguishing them from a co-accused who had already surrendered.
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 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 3503 OF 2024
BETWEEN:
Digitally signed by SWAPNA V Location: high court of karnataka
PETITIONER NO. 1 AND 2 ARE RESIDING AT: CHIKKALAVATHI VILLAGE, BUKKASAGARA, CHITRADURGA DISTRICT - 577 533
…PETITIONERS
(BY SRI. YOGESH .G., ADVOCATE)
AND:
NC: 2024:KHC:38874 CRL.P No. 3503 of 2024
RESIDING AT: DODDATEKALAVATHI VILLAGE, MUTTODU HOBLI, HOSADURGHA TALUK, CHITRADURGA - 577 533.
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1
R2 - SD - UNREPRESENTED)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.523/2023 OF PEENYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 9, 10, 11 OF CHILD MARRIAGE RESTRAINT ACT AND U/S.5(L), 6 OF POCSO ACT AND U/S.376 OF IPC PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FAST TRACK SESSIONS COURT II AT BENGALURU CITY IN SPL.C.C.NO.198/2024.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioners-accused Nos.2 to 4 are before this Court seeking grant of anticipatory bail in Crime No.523/2023 of Peenya Police Station, pending in Spl.CC.No.198/2024 on the file of the learned Additional City Civil and Sessions Judge, Fast Track Session Court-II, Bengaluru City, registered for the offences punishable under Sections 9, 10, 11 of Child Marriage Act, Restraint Act and under Section 5(L), 6 of the Protection of
Children from Sexual Offences Act, 2012 and under Section 376 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Harshitha.
“Whether the petitioners are entitled
for grant of bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘negative' for the following:
R E A S O N S
grant of anticipatory bail on the apprehension of being arrested. Initially, FIR came to be registered against accused
Nos.1 to 4 on the basis of first information lodged by the victim, aged 17 years. The investigation is completed and the charge sheet is filed showing these petitioners as absconding. Even according to the learned counsel for the petitioners, since these petitioners were absconding, a split-up charge sheet was ordered to be filed. Since accused No.1 was apprehended and he was in judicial custody, the trial in the original case was proceeded with and few of the witnesses are already examined. It is stated that accused No.1 is released on bail and hence, the petitioners are seeking grant of anticipatory bail on parity.
NC: 2024:KHC:38874 CRL.P No. 3503 of 2024
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/(M G UMA) JUDGE
BH
List No.: 3 Sl No.: 4
1 issue framed by the court
Whether petitioners accused of offences under POCSO and Child Marriage Restraint Act are entitled to anticipatory bail.
1 provisions across 1 enactments
Smt. Parvatamma W/o Sri. Anjinappa
Sri. Anjinappa S/o. Gangadharappa
Sri. Kariyappa S/o Bhuthappa
State of Karnataka
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
