Allowed

Karthika v. State of Karnataka by Ramapura Poliice Station

Karnataka HC26 Nov 2024CRL.P/9039/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by an accused booked for rape and POCSO offences arising from a marriage with a girl whose age was disputed. The court noted her deposition stating she was 20 years old, found serious doubt about her minority, and granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail granted; release on arrest on personal bond Rs.1,00,000 with two sureties, subject to appearance, non-tampering and co-operation conditions.

Karthika Vs State of Karnataka by Ramapura… — Child Sexual Offences (POCSO) | Karnataka HC (2024)

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1 - NC: 2024:KHC:48463 CRL.P No. 9039 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 9039 OF 2024

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BETWEEN:

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KARTHIKA, S/O MURUGAN, AGED ABOUT 26 YEARS, R/AT BISALAVADI VILLAGE, CHAMARAJANAGARA TALUK CHAMARAJANAGARA -571 440.

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…PETITIONER

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(BY SRI. ROHITH S.V., ADVOCATE FOR SRI. M SHARASS CHANDRA.,ADVOCATE)

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AND:

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Digitally signed by KAVYA R

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Location: High Court of Karnataka

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STATE OF KARNATAKA BY RAMAPURA POLICE STATION, REPRESENTED BY SPP, HIGH COURT BENGALURU - 560 001.

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XXX XXX,

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…RESPONDENTS

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(BY SRI.DIWAKAR MADDUR., HCGP FOR R-1; SRI.MANOJ H.C., ADVOCATE FOR R-2 (ABSENT))

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THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNNS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT THE RELIEF OF THE ANTICIPATORY BAIL CRIME NO.142/2023

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NC: 2024:KHC:48463 CRL.P No. 9039 of 2024

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OF RAMAPURA POLICE IN THE EVENT OF HIS ARREST FOR OFFENCE P/U/S 376(2)(n) OF IPC AND U/S 4 AND 6 OF POCSO ACT 2012. THE CASE IS PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS COURT, CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.142/2023 registered by

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Ramapura Police Station, Chamarajanagara District for the

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offences punishable under Sections 376(2)(n) of IPC and Sections 4 & 6 of POCSO Act 2012 is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

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Heard the learned counsel for the petitioner and

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learned HCGP for respondent No.1. Respondent No.2 though served in this matter, has remained unrepresented before this Court.

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3 - NC: 2024:KHC:48463 CRL.P No. 9039 of 2024

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F.I.R. in Crime No.142/2023 was registered by

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Ramapura Police Station, Chamarajanagara District against the petitioner herein for the offences punishable under Section 376(2)(n) and Sections 4 & 6 of POCSO Act, 2012 on the basis of the first information dated 09.10.2023 received from Shivalila K Langoti who was working as a superintendent in the office of the Women and Children Welfare Department, Kollegala, Chamarajanagara District. Apprehending arrest in the said case petitioner had filed Crl.Misc.No.476/2023 before the Trial Court which was rejected on 11.01.2024. Therefore, he is before this Court.

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Learned Counsel for the petitioner submits that petitioner and the victim girl are husband and wife. Similar case was registered against the petitioner earlier in Spl.C.No.183/2021 which is pending before the very same Trial Court. In the said case victim has turned hostile to the case of the prosecution. Her evidence was recorded before the Trial Court in SC.No.183/2021 on 26.08.2022

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NC: 2024:KHC:48463 CRL.P No. 9039 of 2024

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and she has stated that her age was 20 years as on the year 2021. Therefore, the alleged offences are wrongly invoked against the petitioner. Accordingly, he prays allow this petition.

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Per contra, learned HCGP has opposed the petition. He submits that victim girl is a minor and petitioner who has married her, is the cause for her pregnancy. Accordingly, he prays to allow this petition.

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In the first information dated 09.10.2023 submitted by superintendent in the office of the Women and Children Welfare Department, it is averred that on 09.10.2023, when the victim girl had approached the Primary Health Centre at Kollegala, on enquiry it was learnt that victim had married the petitioner and she had earlier suffered miscarriage. On her medical examination it was found that victim girl was pregnant, and therefore, the first informant had approached the police.

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5 - NC: 2024:KHC:48463 CRL.P No. 9039 of 2024

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Learned Counsel for the petitioner has filed a memo dated 26.11.2024 producing the depositions of the victim girl in Spl.C.No.183/2021 which is pending before the Court of Additional District and Sessions Judge FTSC-I, Chamarajanagara. In the said case the victim girl has turned hostile to the case of the prosecution. She has stated that she was 20 years of age when she was examined before the Trial Court in the said case on 26.08.2022. It is not in dispute that the petitioner and the victim girl are husband and wife. In the earlier case registered against the petitioner on similar allegations, the victim girl has turned hostile to the case of the prosecution and the present case is once again registered for the reasons that the victim girl is found to be pregnant as on 09.10.2023. However, the victim girl has stated her age as 20 years when she was examined before the Trial Court in Spl.C.No.183/2021 on 26.08.2022. Considering the aforesaid aspects of the matter, a serious doubt arises about the correctness of the age of the victim girl; Unless the prosecution proves that the victim is a minor, the

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6 - NC: 2024:KHC:48463 CRL.P No. 9039 of 2024

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alleged offences will not get attracted against the petitioner. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:

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ORDER

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The Criminal Petition is allowed.

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The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest registered in Crime No.142/2023 registered by Ramapura Police Station, Chamarajanagara District for the offences punishable under Sections 376(2)(n) of IPC and Sections 4 & 6 of POCSO Act 2012 is before this Court under Section 482 of BNSS, 2023, subject to the following conditions:

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The Petitioner shall appear before the Investigating Officer within 15 days from the

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date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the

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NC: 2024:KHC:48463 CRL.P No. 9039 of 2024

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likesum to the satisfaction of the investigating

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officer.

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Petitioner shall regularly appear

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before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner shall not tamper with the

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prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioner shall not involve in similar offences in future;

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Sd/-

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(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 34

Karthika v. State of Karnataka by Ramapura Poliice Station

Case brief

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Karthika v. State of Karnataka by Ramapura Poliice Station

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