Allowed

Mallappa v. the State of Karnataka

Karnataka HC22 Mar 2024CRL.P/747/2024

Case brief

AI extract

What is this about?

Regular bail petition under Section 439 Cr.P.C. by a man arrested for marrying a minor girl and having relations with her, leading to her childbirth. He admitted the child marriage, undertook to remarry her on attaining majority, and her guardians supported this. Considering the victim's future interest, the court granted bail with conditions.

What did the court decide?

Petitioner enlarged on bail on executing personal bond of Rs.50,000 with two sureties, subject to conditions (no criminal activity, no tampering, court attendance).

Mallappa Vs the State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2024)

¶1

1 - CRL.P No. 747 of 2024 NC: 2024:KHC:11867

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 22^ND DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

¶6

CRIMINAL PETITION NO. 747 OF 2024

¶7

BETWEEN:

¶8

MALLAPPA, S/O BASAPPA MADIVALA, AGED ABOUT 23 YEARS, R/AT HOSAGATTI, RAMANAKOPPA POST, KUNDAGOLA TALUK, DHARWAD - 01.

¶9

…PETITIONER

¶10

(BY SRI. PRATHEEP K.C, ADVOCATE)

¶11

AND:

¶12

Digitally signed by SOWMYA D Location: High Court of Karnataka

¶13

THE STATE OF KARNATAKA, REPRESENTED BY SAKLESHPUR POLICE STATION, HASSAN, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01.

¶14

GANGAMMA, D/O RAJU AGED ABOUT 56 YEARS, R/AT KUSHALANAGARA EXTN., SAKALESHPURA TOWN, HASSAN - 573 127.

¶15

…RESPONDENTS

¶16

(BY SRI. B. LAKSHMANA, HCGP)

¶17

2 - CRL.P No. 747 of 2024 NC: 2024:KHC:11867

¶18

THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.559/2023 (CR.NO.135/2023) OF SAKALESHPURA TOWN P.S., HASSAN FOR THE OFFENCE P/U/S 376(2)(n) OF IPC, SEC.4, 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 HASSAN.

¶19

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

¶20

ORDER

¶21

The petitioner has filed this petition under Section 439 of Cr.P.C., seeking regular bail in Sakaleshpura Police Station Crime No.134/2023 registered for the offences punishable under Sections 376(2)(n) of IPC, Sections 4 & 6 of POCSO Act 2012 and Section 9 of Child Marriage Act, which is pending on the file Additional District and Sessions Judge FTSC1 (Spl Court for Trial, Hassan District).

¶22

The allegations of the prosecution disclose that, the petitioner having knowledge that CW.2-victim girl, the minor daughter of CW.3, about one year back married her by committing offence under Child Marriage Act, and thereafter, he had physical relationship with her. It is alleged that on 09.08.2023 the victim gave birth to a female child and the matter was reported to the concerned Child Welfare Department and the proceedings have been initiated.

¶23

3 - CRL.P No. 747 of 2024 NC: 2024:KHC:11867

¶24

On the basis of the complaint, the investigating

¶25

officer issued FIR and registered a case and subsequently, subjected the victim as well as the petitioner to medical examination and submitted the charge sheet. The petitioner was arrested and remanded to judicial custody and he has approached the learned Special Judge seeking regular bail and the learned Sessions Judge has rejected the bail petition. Hence, the petitioner is before this Court.

¶26

Heard the arguments advanced by the learned counsel for the petitioner and learned High Court Government Pleader-respondent-State.

¶27

Learned counsel for the petitioner has also filed an affidavit of the petitioner wherein, he has admitted that he had married the victim girl during her childhood and further submits that after she attaining majority, he again remarries her and get the marriage registered. The guardian of the victim has also filed an affidavit stating that, they are willing to perform the marriage of the petitioner with the victim girl.

¶28

4 - CRL.P No. 747 of 2024 NC: 2024:KHC:11867

¶29

On perusal of the records, it is evident that the complaint is lodged by the Supervisor CDPO office. Neither the guardians of the victim girl nor any other persons have taken any interest in lodging the complaint. The allegations are that, the petitioner, about one year back, without the knowledge of the elders, married the minor victim girl and later on, she became pregnant. The records also disclose that the victim girl has already delivered a female child. The matter was reported to CDPO office and the supervisor of CDPO office, has lodged the complaint. Now ultimate sufferer will be the victim girl, as she does not have any proper protection. However, the minor’s guardians have filed affidavits undertaking to perform the marriage of victim girl with petitioner and the petitioner has also agreed for the same and he filed an affidavit to that effect. Further under Section 164 of Cr.P.C. statement, the victim girl has also disclosed that she had voluntarily married the petitioner though it is a void marriage.

¶30

Considering all these facts and circumstances and future interest of the victim girl, I do not find any impediment for admitting the petitioner on bail. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following:

¶31

¶32

CRL.P No. 747 of 2024 NC: 2024:KHC:11867

¶33

ORDER

¶34

The petition is allowed .

¶35

The petitioner is directed to be enlarged on bail in Crime No.135/2023 of Sakaleshpura Police Station, registered for the offence punishable under Sections 376(2)(n) of IPC, Sections 4 & 6 of POCSO Act 2012 and Section 9 of Child Marriage Act, which is pending on the file of the Additional District and Sessions Judge FTSC1 (Spl Court) Hassan District, in Spl.C.No.559/2023, on his executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like-sum to the satisfaction of the trial Court, subject to the following conditions that,-

¶36

(i) He shall not indulge in any of the criminal activities

¶37

(ii) He shall not tamper the prosecution witnesses either directly or indirectly.

¶38

(iii) He shall not leave the jurisdiction of the Court, without prior permission of concerned court.

¶39

(iv) He shall attend the Court on all the dates of hearing, unless he is exempted by a specific order.

¶40

¶41

CRL.P No. 747 of 2024 NC: 2024:KHC:11867

¶42

(v) He shall co-operate for speedy disposal of the matter.

¶43

Sd/JUDGE

¶44

URN List No.: 1 Sl No.: 25 CT: BHK

Mallappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mallappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesha Vs State of Karnataka

Arjunkumar @ Arjun Vs State by Karnataka by

Nagamallappa @ Nagamalu Vs State by Karnataka by

Sri. Vyshnav .D Vs the State of Karnataka

Harish @ Dinesh S.S. Vs State of Karnataka

Mr Imam F Magi @ I F Magi Vs State of Karnataka by