Allowed

Dinesha. B. N. v. State of Karnataka by

Karnataka HC27 Mar 2024CRL.P/718/2024

Case brief

AI extract

What is this about?

Petitioner sought bail under Section 439 Cr.P.C. for offences under Sections 363, 366(A), 376(2)(n) IPC, Section 6 POCSO Act and Section 9 Prohibition of Child Marriage (Karnataka Amendment) Act, after Sessions Judge rejected bail. Court noted victim's 164 statement had no allegations against him and families consented to marriage; bail granted.

What did the court decide?

Petitioner enlarged on bail in Crime No.219/2023 on personal bond Rs.50,000 with one surety, with conditions against criminal activity, witness tampering, attendance at hearings and cooperation for sp

Dinesha. B. N. Vs State of Karnataka by — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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NC: 2024:KHC:12796 CRL.P No. 718 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

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CRIMINAL PETITION NO. 718 OF 2024

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BETWEEN:

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DINESHA. B. N., S/O NARASIMHAPPA, AGED ABOUT 22 YEARS, R/O BASAVANAHALLI VILLAGE, NYAMATHI TALUK, DAVANGERE DISTRICT-577 213.

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…PETITIONER

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(BY SRI. CHAKRAVARTHY .T.S, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY NYAMATHI POLICE STATION, DAVANGERE,

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Digitally signed by SOWMYA D Location: High Court of Karnataka

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REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001.

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DODDESHAPPA .H, W/O KEREKALLAPA HOTTEKKARA, AGED ABOUT 50 YEARS, R/O BASAVANAHALLI VILLAGE, NYAMATHI TALUK, DAVANGERE DISTRICT-577 213.

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…RESPONDENTS

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(BY SRI. B. LAKSHMANA, HCGP FOR R1, SRI. RAMAKRISHNA .N, AND SRI. PRAVEEN KUMAR, ADVOCATES FOR R2)

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2 - NC: 2024:KHC:12796 CRL.P No. 718 of 2024

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.731/2023 (CR.NO.219/2023) OF NYAMATHI P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 363, 366(A), 376(2)(N) OF IPC AND SECC.6 OF POCSO ACT AND SEC.9 OF CHILD MARRIAGE RESTRAINT ACT ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-1 AT DAVANAGERE.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has filed this petition under Section 439 of Cr.P.C. for enlarging him on bail in Cr.No.219/2023 of Nyamathi Police Station registered in Special Case No.731/2023 on the file of Additional Sessions Judge/FTSC-I of Davanagere for the offence punishable under Sections 363, 366(A), 376(2)(n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) as well as Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016.

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2. The brief averments made in the case are that

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the victim is the minor daughter of the elder brother of CW7 and she is aged about 16 years as on the date of alleged incident. It is alleged that she was studying in

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3 - NC: 2024:KHC:12796 CRL.P No. 718 of 2024

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SSLC in Arabhagatta High School and the petitioner with an intention of marrying her, was frequently pestering her

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to love him as he was in love with her. In Basavanahalli

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Village, the petitioner being nearest relative of the victim, regularly used to visit her house and pestered her for marriage. It is also asserted that, under the promise of marriage, he committed repeated penetrative sexual assault on the victim girl, having knowledge that she is the minor. It is alleged that when the family members of the victim tried to perform the marriage of the victim with

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others, on 08.10.2023, at 9.30 a.m., he promising her to marry, kidnapped her and brought her to Karadikolla Siddeshwara Temple in Anaji Village and tied a knot in the temple. Further, it is alleged that he stayed with the victim in Ukkadgatri Temple and later on, the victim as well as the petitioner were traced and complaint came to be lodged. The statement of the victim was recorded under 164 of Cr.P.C. The petitioner was apprehended and remanded to custody and he has approached the learned Sessions Judge and the learned Sessions Judge has

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NC: 2024:KHC:12796 CRL.P No. 718 of 2024

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rejected the bail petition. Hence, the petitioner is before this Court.

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Heard the learned counsel for the petitioner and the learned HCGP. Perused the records.

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The records disclose that the petitioner is the son of the brother of CW7, who is the mother of the victim and they are closely related. The allegations against the petitioner are that he was all along pestering the victim girl to love him to enable him to marry her and under the said pretext, he was alleged to have committed penetrative sexual assault on her. Further, allegations against the petitioner are that when there was an attempt in the family to perform victim’s marriage, he kidnapped her and tied the knot with her in a temple and the said marriage is a void marriage since victim is a minor.

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However, the 164 statement of the victim discloses that she has not made any allegations against present petitioner. Apart from that, the minor guardian of the victim has now filed an affidavit stating that they are

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willing to perform the marriage of the victim with the petitioner after she attains age of majority. In a similar term, the petitioner has also filed an affidavit for marrying the victim girl immediately after she attaining the age of majority. Considering the relationship between the parties and the fact that the family members are interested in performing the marriage of the victim and petitioner and considering 164 Cr.P.C. statement of the victim, I do not find any impediment for admitting the petitioner on bail. Apart from that, investigation is already concluded and charge sheet has been laid down. Hence, there is no question of tampering the prosecution witnesses. As such, petition needs to be allowed and accordingly, I proceed to pass the following:

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ORDER

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(I) The petition is allowed .

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(II) The petitioner is directed to be enlarged on bail in Crime No.219/2023 of Nyamathi Police Station, registered for the offence punishable under Sections 363, 366(A), 376(2)(n) of IPC and Section 6 of the

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NC: 2024:KHC:12796 CRL.P No. 718 of 2024

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Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) as well as Section 9 of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 pending on the file of the Additional Sessions Judge/FTSC-I, Davanagere, on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the trial Court, subject to the following conditions:

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