Criminal petition filed for anticipatory bail in a case involving allegations of rape, POCSO offences, and child marriage. The High Court dismissed the petition due to the gravity of allegations requiring custodial interrogation.
Petition for anticipatory bail dismissed.
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NC: 2024:KHC:44137 CRL.P No. 9551 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9551 OF 2024
BETWEEN:
SRI RAMESH G.K S/O KEMPAIAH AGED ABOUT 37 YEARS RF/AT GUNDANAGOLLAHALLI VILLAGE MARALAWADI HOBLI HAROHALLI TALUK RAMANGARA - 562 135.
…PETITIONER
(BY SRI. SHEKAR L.S, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
…RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR R-1; R-2 SERVED)
NC: 2024:KHC:44137 CRL.P No. 9551 of 2024
THIS CRL.P IS FILED U/S.438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL DIRECTING RESPONDENT NO.1 TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CR.NO.90/2024 FOR ALLEGED OFFENCES P/U/S 376,376(3) OF IPC, SEC. 4 AND 6 OF POCSO ACT, 2012, SEC.9 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, PENDING ON THE FILES OF THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS COURT, RAMANAGARA DISTRICT, RAMANAGARA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
herein for the aforesaid offences on the basis of the first information dated 09.07.2024 received from respondent No.2, who is the CDPO, Harohalli, Ramanagara. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.651/2024 before the jurisdictional Sessions Court which was dismissed on 09.08.2024. Therefore, he is before this Court.
NC: 2024:KHC:44137 CRL.P No. 9551 of 2024
Considering the gravity of allegations, custodial interrogation of petitioner is required. Accordingly, he prays to dismiss the petition.
NC: 2024:KHC:44137 CRL.P No. 9551 of 2024
suicide, petitioner had not even bothered to take her to the Hospital and villagers had taken her to the Hospital and she was admitted in the Hospital. The material on record would go to show that victim was a minor even as on the date of registration of FIR in the year 2024 and her marriage with petitioner is said to have been performed in the year 2021. Petitioner is aged about 37 years and is said to be a relative of the victim girl and therefore, it cannot be said that he did not know the age of the victim when he had married her. Considering the nature and gravity of offences alleged against the petitioner, I am of the opinion that he is not entitled for the discretionary relief of anticipatory bail at the hands of this Court. Accordingly, the petition is dismissed.
SD/(S VISHWAJITH SHETTY) JUDGE
DN
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging offences under IPC 376, POCSO, and PCMA.
Whether the gravity of allegations, including attempt to commit suicide by the victim, warrants custodial interrogation.
1 provisions across 1 enactments
Sri Ramesh G.K
State of Karnataka
Smt. Malalmma Bhonala
S Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
